Dockets:
A-429-12
A-428-12
Citation: 2013
FCA 207
CORAM:
NOËL J.A.
TRUDEL J.A.
MAINVILLE J.A.
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Docket:
A-429-12
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BETWEEN:
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ROBERT LAVIGNE
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Appellant
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and
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CANADIAN HUMAN RIGHTS COMMISSION
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CANADA POST CORPORATION
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THE CANADIAN UNION OF POSTAL WORKERS
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Respondents
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Docket:
A-428-12
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BETWEEN:
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ROBERT LAVIGNE
|
|
Appellant
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and
|
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CANADA POST CORPORATION
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|
THE CANADIAN UNION OF POSTAL WORKERS
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Respondents
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Heard at Montréal, Quebec, on September 11, 2013.
Judgment delivered from the Bench at Montréal, Quebec, on September
11, 2013.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL
J.A.
Dockets:
A-429-12
A-428-12
Citation:
2013 FCA 207
CORAM:
NOËL
J.A.
TRUDEL
J.A.
MAINVILLE
J.A.
|
Docket:
A-429-12
|
|
BETWEEN:
|
|
ROBERT LAVIGNE
|
|
Appellant
|
|
and
|
|
CANADIAN HUMAN RIGHTS COMMISSION
|
|
CANADA POST CORPORATION
|
|
THE CANADIAN UNION OF POSTAL WORKERS
|
|
Respondents
|
|
Docket:
A-428-12
|
|
AND BETWEEN:
|
|
ROBERT LAVIGNE
|
|
Appellant
|
|
and
|
|
CANADA POST CORPORATION
|
|
THE CANADIAN UNION OF POSTAL WORKERS
|
|
Respondents
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REASONS FOR JUDGMENT OF THE COURT
(Delivered from the
Bench at Montréal, Quebec, on September 11, 2013).
NOËL J.A.
[1]
These are two consolidated appeals from orders of the Federal Court
wherein Martineau J. (the Federal Court judge) dismissed the appellant’s motion
to set aside an earlier order issued by Prothonotary Morneau (the Prothonotary)
dismissing the actions brought by Robert Lavigne (the appellant) in Federal
Court files T‑105‑10 and T‑107‑10 for delay following a
status review.
[2]
The two appeals were consolidated by order of this Court issued on
December 12, 2012. The reasons which follow dispose of both appeals, the
original being filed in file A‑429‑12 and a copy thereof in file A‑428‑12.
[3]
The appellant seeks to have the order of the Federal Court judge
overturned on a variety of grounds.
[4]
We are satisfied that there has been no misuse of judicial discretion on
the part of the Prothonotary and that the Federal Court judge properly declined
to intervene. We are also satisfied that given the background to this case, the
Federal Court judge committed no error in proceeding on the basis that the order
of the Prothonotary applies to the Canadian Human Rights Commission.
[5]
The appeals will be dismissed with one set of costs in file A‑429‑12.
"Marc Noël"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Dockets:
A-429-12
AND A-428-12
(APPEALS FROM ORDERS OF THE FEDERAL
COURT DATED SEPTEMBER 11, 2012, DOCKETS NOS. T-105-10 AND T-107-10)
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DOCKET:
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A-429-12
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STYLE OF CAUSE:
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ROBERT LAVIGNE
v. CANADIAN HUMAN RIGHTS COMMISSION, CANADA POST CORPORATION, THE CANADIAN UNION OF POSTAL WORKERS
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AND DOCKET:
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A-428-12
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STYLE OF CAUSE:
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ROBERT LAVIGNE
v. CANADA POST CORPORATION, THE CANADIAN UNION OF POSTAL WORKERS
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PLACE OF HEARING:
Montréal, Quebec
DATE OF HEARING:
September
11, 2013
REASONS FOR JUDGMENT OF THE COURT BY:
NOËL J.A.
TRUDEL J.A.
MAINVILLE J.A.
DELIVERED
FROM THE BENCH BY:
NOËL
J.A.
APPEARANCES:
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Robert Lavigne
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For The Appellant
(ON HIS OWN BEHALF)
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Caroline Laverdière
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For The Respondent
CANADIAN HUMAN RIGHTS COMMISSION
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Alexandre Bourbonnais
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For The Respondent
CANADA POST CORPORATION
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Nicolas Charron
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For The Respondent
THE CANADIAN UNION OF POSTAL WORKERS
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SOLICITORS OF RECORD:
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William F. Pentney
Deputy Attorney General of Canada
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For The Respondent
CANADIAN HUMAN RIGHTS COMMISSION
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NORTON ROSE CANADA LLP
Montréal, Quebec
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For The Respondent
CANADA POST CORPORATION
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PHILION LEBLANC BEAUDRY
Montréal, Quebec
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For The Respondent
THE CANADIAN UNION OF POSTAL WORKERS
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