Date: 20030603
Docket: A-596-02
Citation: 2003 FCA 245
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
In the Matter of an action pursuant to s. 17(1), (2)(b) & 48 of the Federal Court Act, arising from a complaint pursuant to s. 29(1)(a) of the Privacy Act., R.S., 1985, c. P-21,
against Canada Post Corporation for contravening s. 7 of the Privacy Act;
In the Matter of an action pursuant to s. 17(1), (2)(b) & 48 of the Federal Court Act
arising from the illegality of parts of the Collective Agreement signed by Canada Post Corporation on February 28, 2000, contravening article 5.01 regarding the age discrimination provisions, of said Collective Agreement;
In the Matter of an action pursuant to s. 17(1), (2)(b) & 48 of the Federal Court Act arising from the illegality of parts of the Collective Agreement signed by Canada Post Corporation on February 28, 2000, contravening s. 15 of the Canadian Charter of Rights and Freedoms;
In the Matter of an action pursuant to s. 17(1), 17(2)(d) & 48 of the Federal Court Act arising from the contravening s. 7 of the Privacy Act by Canada Post Corporation and therefore contravening sections 3(a) & 10 of the Crown Liability and Proceedings Act S.C. 1990,
c. 8, s. 21, by Canada Post Corporation;
BETWEEN:
ROBERT LAVIGNE
Appellant
and
CANADA POST CORPORATION
Respondent
Heard at Montreal, Quebec, on May 29, 2003.
Judgment delivered at Ottawa, Ontario, on June 3, 2003.
REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A.
CONCURRED IN BY: DESJARDINS J.A.
NOËL J.A.
Date: 20030603
Docket: A-596-02
Citation: 2003 FCA 245
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
In the Matter of an action pursuant to s. 17(1), (2)(b) & 48 of the Federal Court Act, arising from a complaint pursuant to s. 29(1)(a) of the Privacy Act., R.S., 1985, c. P-21,
against Canada Post Corporation for contravening s. 7 of the Privacy Act;
In the Matter of an action pursuant to s. 17(1), (2)(b) & 48 of the Federal Court Act
arising from the illegality of parts of the Collective Agreement signed by Canada Post Corporation on February 28, 2000, contravening article 5.01 regarding the age discrimination provisions, of said Collective Agreement;
In the Matter of an action pursuant to s. 17(1), (2)(b) & 48 of the Federal Court Act arising from the illegality of parts of the Collective Agreement signed by Canada Post Corporation on February 28, 2000, contravening s. 15 of the Canadian Charter of Rights and Freedoms;
In the Matter of an action pursuant to s. 17(1), 17(2)(d) & 48 of the Federal Court Act arising from the contravening s. 7 of the Privacy Act by Canada Post Corporation and therefore contravening sections 3(a) & 10 of the Crown Liability and Proceedings Act S.C. 1990,
c. 8, s. 21, by Canada Post Corporation;
BETWEEN:
ROBERT LAVIGNE
Appellant
and
CANADA POST CORPORATION
Respondent
REASONS FOR JUDGMENT
LÉTOURNEAU J.A.
[1] I am satisfied that this appeal should be dismissed. The appellant alleges a misuse of personal information in violation of the Privacy Act as a result of the application of a seniority tie-breaker clause in the collective agreement. Judge Tremblay-Lamer made no error when she endorsed the conclusion reached by Prothonotary Morneau that a grievance arbitrator had exclusive jurisdiction to determine the dispute between the parties and, therefore, that the Federal Court - Trial Division lacked jurisdiction to hear the appellant's action.
[2] I would dismiss the appeal with costs.
"Gilles Létourneau"
J.A.
"I agree.
Alice Desjardins J.A."
"I agree
Marc Noël J.A."
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-596-02
STYLE OF CAUSE: ROBERT LAVIGNE v. CANADA POST CORPORATION
PLACE OF HEARING: Montreal (Quebec)
DATE OF HEARING: May 29, 2003
REASONS FOR JUDGMENT: LÉTOURNEAU J.A.
CONCURRED IN BY: DESJARDINS J.A.
NOËL J.A.
DATED: June 3, 2003
APPEARANCES:
MR. ROBERT LAVIGNE FOR HIMSELF
MR. MARC SANTERRE FOR THE RESPONDENT
SOLICITORS OF RECORD:
JODOIN, SANTERRE FOR THE RESPONDENT
MONTREAL, QUEBEC
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