Date: 19990112
Docket: A-312-98
CORAM: THE CHIEF JUSTICE
DES JARDINS J.A.
LINDEN J.A.
BETWEEN:
DEPARTMENT OF NATIONAL HEALTH AND WELFARE
Appellant,
- and -
CANADIAN HUMAN RIGHTS COMMISSION
- and -
SHIV CHOPRA
Respondents.
Heard at Ottawa, Ontario on Tuesday, January 12, 1999.
Judgment delivered at Ottawa, Ontario on Tuesday, January 12, 1999.
REASONS FOR JUDGMENT DELIVERED FROM THE BENCH
Date: 19990112
Docket: A-312-98
PRESENT: THE CHIEF JUSTICE
DESJARDINS J.A.
LINDEN J.A.
BETWEEN:
DEPARTMENT OF NATIONAL HEALTH AND WELFARE
Appellant,
- and -
CANADIAN HUMAN RIGHTS COMMISSION
- and -
SHIV CHOPRA
Respondents.
REASONS FOR JUDGMENT
(Delivered from the Bench at Ottawa, Ontario
on Tuesday, January 12, 1999.)
The appellant appeals from the order made by a Motions Judge in the Trial Division on 6 April 1998. In that order, the Motions Judge set aside the decision of a Canadian Human Rights Tribunal Panel which had dismissed the complaint of the respondent, Shiv Chopra, under section 7 of the Canadian Human Rights Act, and remitted the matter to the same Tribunal or to a Tribunal differently constituted for determination in accordance with directions.
The appellant attacks the order in appeal on two grounds, which were urged upon us forcefully by its counsel in oral argument.
We do not find it necessary to hear from counsel for either respondent. Although we do not endorse the reasons of the learned Motions Judge in their entirety, we are all of the view, nevertheless, that he made no error whether of fact, law or principle in the conclusion he reached that would justify the intervention of this Court. We would, therefore, dismiss the appeal with costs, including costs of the motion before McDonald J.A. for an order expediting the hearing of this appeal.
"Julius A. Isaac"
C.J.
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