Morten v. Air Canada

Morten v. Air Canada

Issue estoppel does not apply because the parties are not the same (the CHRC was not a party before the Agency); abuse of process is inappropriate because the CHRC had no opportunity to present the public interest and the Agency's analysis was insufficient under Via Rail; the rule against collateral attack does not apply; therefore the motion for a permanent stay is dismissed and the human rights complaint proceeds to hearing.

Citation
2007 CHRT 48
Parties
Complainant: Eddy Morten; Commission: Canadian Human Rights Commission; Respondent: Air Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
25 October 2007
Procedural Posture
Human Rights Complaint (canadian Human Rights Tribunal) / Interim Ruling on Motion to Stay (motion Dismissed)
Outcome
Air Canada's motion for a permanent stay is dismissed.
Legal Topics
Disability Discrimination, Issue Estoppel, Abuse of Process, Collateral Attack, Undue Obstacle/undue Hardship, Accommodation
Source Language
English
Human Rights Law Administrative Law Transportation Law Disability Law Disability Discrimination Issue Estoppel Abuse of Process Collateral Attack +2 more

Case Brief

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Parties

Eddy Morten

Complainant

Canadian Human Rights Commission

Commission

Air Canada

Respondent

Procedural Posture

Human Rights Complaint (canadian Human Rights Tribunal) / Interim Ruling on Motion to Stay (motion Dismissed)

Legal Issues

  1. 1 Whether issue estoppel precludes the Tribunal from hearing the CHRA complaint given a prior Agency decision
  2. 2 Whether the doctrine of abuse of process requires a permanent stay of the Tribunal proceedings
  3. 3 Whether the rule against collateral attack prevents the Tribunal from considering the complaint

Ratio Decidendi

Issue estoppel does not apply because the parties are not the same (the CHRC was not a party before the Agency); abuse of process is inappropriate because the CHRC had no opportunity to present the public interest and the Agency's analysis was insufficient under Via Rail; the rule against collateral attack does not apply; therefore the motion for a permanent stay is dismissed and the human rights complaint proceeds to hearing.

Court Disposition

Air Canada's motion for a permanent stay is dismissed.

Orders

  • Air Canada’s motion for a permanent stay is dismissed.
  • The human rights complaint filed by Eddy Morten will proceed to hearing before the Canadian Human Rights Tribunal.