Walden et al v. Social Development Canada

Walden et al v. Social Development Canada

The Tribunal applied the functus officio principle and its exceptions: it concluded that persons numbered 1–417 in Schedule A are properly on the List of Complainants because the exclusion of 414–417 was a slip or error in expressing the Tribunal’s manifest intention, but persons 418–427 are not included because there is no evidence their complaints were referred to the Tribunal; the Tribunal retained jurisdiction over counsel costs but will defer any determination on quantum pending the Supreme Court of Canada’s decision in Mowat regarding the Tribunal’s jurisdiction to award legal costs.

Citation
2010 CHRT 19
Parties
Complainants: Ruth Walden et al.; Commission: Canadian Human Rights Commission; Respondents: Social Development Canada; Treasury Board of Canada; Public Service Human Resources Management Agency of Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
30 June 2010
Procedural Posture
Canadian Human Rights Act Discrimination in Employment / Remedy / Ruling on Finalizing List of Complainants and Counsel Costs (remedies Stage)
Outcome
Tribunal finalized the List of Complainants to include persons numbered 1 to 417 in Schedule A and excluded persons 418 to 427; Tribunal retained jurisdiction on counsel costs but deferred any decision on quantum pending the Supreme Court of Canada’s decision in Mowat.
Legal Topics
Sex Discrimination, Remedies, Functus Officio, Costs Jurisdiction, Party Status / Class Membership
Source Language
English
Administrative Law Human Rights Law Employment Law Sex Discrimination Remedies Functus Officio Costs Jurisdiction Party Status / Class Membership

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Parties

Ruth Walden et al.

Complainants

Canadian Human Rights Commission

Commission

Social Development Canada; Treasury Board of Canada; Public Service Human Resources Management Agency of Canada

Respondents

Procedural Posture

Canadian Human Rights Act Discrimination in Employment / Remedy / Ruling on Finalizing List of Complainants and Counsel Costs (remedies Stage)

Legal Issues

  1. 1 Whether the Tribunal can reopen its liability decision to add additional complainants (functus officio issue)
  2. 2 Whether the individuals numbered 414–417 and 418–427 in Schedule A qualify to be added to the List of Complainants
  3. 3 Whether the Tribunal has jurisdiction to award counsel costs and, if so, the quantum of such costs given intervening appellate authority (Mowat)

Ratio Decidendi

The Tribunal applied the functus officio principle and its exceptions: it concluded that persons numbered 1–417 in Schedule A are properly on the List of Complainants because the exclusion of 414–417 was a slip or error in expressing the Tribunal’s manifest intention, but persons 418–427 are not included because there is no evidence their complaints were referred to the Tribunal; the Tribunal retained jurisdiction over counsel costs but will defer any determination on quantum pending the Supreme Court of Canada’s decision in Mowat regarding the Tribunal’s jurisdiction to award legal costs.

Court Disposition

Tribunal finalized the List of Complainants to include persons numbered 1 to 417 in Schedule A and excluded persons 418 to 427; Tribunal retained jurisdiction on counsel costs but deferred any decision on quantum pending the Supreme Court of Canada’s decision in Mowat.

Orders

  • List of Complainants is finalized to consist of the persons numbered 1 to 417 in Schedule A of the Ruling dated June 30, 2010.
  • Persons numbered 418 to 427 in Schedule A are not added to the List of Complainants.