Hill v. Air Canada, 2006 FCA 106

Date: 20060313

Docket: A-660-04

Citation: 2006 FCA 106

CORAM:        NADON J.A.

                        SHARLOW J.A.

                        PELLETIER J.A.

BETWEEN:

YUL FERNANDO HILL

Appellant

and

AIR CANADA

Respondent

Heard at Vancouver, British Columbia, on March 13, 2006.

Judgment delivered from the Bench at Vancouver, British Columbia, on March 13, 2006.

REASONS FOR JUDGMENT OF THE COURT BY:                                               NADON J.A.

Date: 20060313

Docket: A-660-04

Citation: 2006 FCA 106

CORAM:        NADON J.A.

                        SHARLOW J.A.

                        PELLETIER J.A.

BETWEEN:

YUL FERNANDO HILL

Appellant

and

AIR CANADA

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Vancouver, British Columbia, on March 13, 2006)

NADON J.A.

[1]                We have not been persuaded that Mr. Justice Russell erred in the exercise of his discretion in concluding that the Appellant had failed to adequately explain the 18-month delay elapsed between the time he was notified of the decision rendered by the Canadian Human Rights Commission and the time he commenced his judicial review proceedings in the Federal Court.

[2]                In our view, it was entirely open to the Motions Judge, on the evidence before him, to conclude as he did.

[3]                Notwithstanding the arguments made by both parties regarding the effect of various orders made under the Companies' Creditors Arrangement Act, these orders were not before Russell J. and were therefore irrelevant to the exercise of his discretion.

[4]                The appeal will therefore be dismissed but, in the circumstances, without costs.

"M. Nadon"

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                    A-660-04

STYLE OF CAUSE:                    Yul Fernando Hill v. Air Canada                                                                                          

PLACE OF HEARING:              Vancouver, British Columbia

DATE OF HEARING:                March 13, 2006

REASONS FOR JUDGMENT : Nadon, Sharlow, Pelletier JJ.A.

RENDERED FROM THE BENCH BY: Nadon, JA

DATED:                                       March 13, 2006

APPEARANCES:

Ms. Clea F. Partiff                                                               FOR THE APPELLANT

Mr. Paul Fairweather                                                           FOR THE RESPONDENT

SOLICITORS OF RECORD:

Solicitor                                                                               FOR THE APPELLANT

Vancouver, British Columbia

Fasken Martineau DuMoulin                                                FOR THE RESPONDENT

Vancouver, British Columbia