Date: 19980512
Docket: A-913-96
CORAM: THE HONOURABLE MR. JUSTICE DENAULT
THE HONOURABLE MADAME JUSTICE DESJARDINS
THE HONOURABLE MR. JUSTICE DÉCARY
IN THE MATTER OF an application pursuant to Section 77
of the Official Languages Act. R.S.C. 1985, c.31 (4th Supp.)
BETWEEN:
ROBERT LAVIGNE
Applicant-Appellant
AND:
HUMAN RESOURCES DEVELOPMENT
(FORMERLY HEALTH AND WELFARE CANADA)
-and-
HER MAJESTY THE QUEEN
Respondents
AND:
THE OFFICE OF THE COMMISSIONER
OF OFFICIAL LANGUAGES
Intervenor
Heard at Montreal, Quebec Monday, May 11, 1998
Judgment delivered at Montreal, Quebec Monday, May 11, 1998
REASONS FOR JUDGMENT BY: THE HONOURABLE MR. JUSTICE DENAULT
Date: 19980512
Docket: A-913-96
CORAM: DENAULT J.A.
DESJARDINS J.A.
DÉCARY J.A.
IN THE MATTER OF an application pursuant to Section 77
of the Official Languages Act. R.S.C. 1985, c.31 (4th Supp.)
ROBERT LAVIGNE
Applicant-Appellant
AND:
HUMAN RESOURCES DEVELOPMENT
(FORMERLY HEALTH AND WELFARE CANADA)
-and-
HER MAJESTY THE QUEEN
Respondents
AND:
THE OFFICE OF THE COMMISSIONER
OF OFFICIAL LANGUAGES
Intervenor
REASONS FOR JUDGMENT OF THE COURT
(Rendered from the Bench at Montreal on
Monday, May 11, 1998)
DENAULT J.A.
[1] We have not been persuaded that this appeal should succeed.
[2] While we substantially agree with the statements of Pinard J. about the wide discretion of the Trial Division, pursuant to subsection 77(4) of the Official Languages Act, to award the appropriate remedies, including damages, we are of the view that on the basis of the evidence he had before him, he properly refused to re-instate the Appellant within the Federal Public Service. There is no ground for intervention in his conclusions that the Appellant, having established no causal link between the non-compliance by Human Resources Development with Part V of Act and the fact that he was not re-hired, he was not entitled to loss of salary and benefits, and that the circumstances of the case did not justify that exemplary damages be granted. Nothing in the arguments raised by the Appellant warrants the intervention of this Court.
[3] The appeal will be dismissed, with costs to the Respondents only.
Pierre Denault
J.A.
MONTREAL, QUEBEC
May 12, 1998
FEDERAL COURT OF APPEAL
Date: 19980512
Docket: A-913-96
IN THE MATTER OF an application pursuant to
Section 77 of the Official Languages Act. R.S.C. 1985,
c.31 (4th Supp.)
BETWEEN:
ROBERT LAVIGNE
Applicant-Appellant
AND:
HUMAN RESOURCES DEVELOPMENT
(FORMERLY HEALTH AND WELFARE CANADA)
-and-
HER MAJESTY THE QUEEN
Respondents
AND:
THE OFFICE OF THE COMMISSIONER
OF OFFICIAL LANGUAGES
Intervenor
REASONS FOR JUDGMENT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NUMBER: A-913-96
IN THE MATTER OF an application pursuant to Section 77
of the Official Languages Act. R.S.C. 1985, c.31 (4th Supp.)
BETWEEN: ROBERT LAVIGNE
Applicant-Appellant
AND:
HUMAN RESOURCES DEVELOPMENT
(FORMERLY HEALTH AND WELFARE
CANADA)
-and-
HER MAJESTY THE QUEEN
Respondents
AND:
THE OFFICE OF THE COMMISSIONER
OF OFFICIAL LANGUAGES
Intervenor
PLACE OF HEARING: Montreal (Quebec)
DATE OF HEARING: May 11, 1998
REASONS FOR JUDGMENT OF THE COURT (DENAULT, DESJARDINS & DÉCARY,
J. J.A.)
RENDERED FROM THE BENCH BY: DENAULT J.A.
- 2 -
DATED: May 12, 1998
APPEARANCES:
| Mr. Robert Lavigne the Applicant-Appellant |
Me Robert Piché
| Me Michel Pépin for the Respondents |
Me Elizabeth Grace for the Intervenor
SOLICITORS OF RECORD:
George Tompson for the Respondents
The Deputy Attorney General
of Canada
Ottawa, Ontario
Office of the Commissioner the Intervenor
of Official Languages
Ottawa, Ontario
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