Clemente v. Air Canada

Clemente v. Air Canada

The Tribunal concluded that Rule 6 requires the Respondent to serve and file a List of documents and a List of privileged documents with the basis for privilege within 30 days because the lists are necessary to ensure an expedient, fair process and to allow the Complainant to defend his case; the Tribunal accepted the Respondent’s undertaking to search for and promptly provide any further documents from April–December 2016 and thus made no order on that point; the Tribunal also found disclosure of the names and job titles for the individuals identified by initials in the management notes is necessary because those individuals were involved in decisions central to the complaint and their...

Citation
2022 CHRT 29
Parties
Complainant: Giuseppe Clemente; Commission: Canadian Human Rights Commission; Respondent: Air Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
9 September 2022
Procedural Posture
Canadian Human Rights Act Complaint / Interim Ruling (motion for Disclosure)
Outcome
Motion granted in part; orders issued
Legal Topics
Disclosure, Document Production, Privilege, Discovery, Procedural Fairness
Source Language
English
Human Rights Employment Law Administrative Law Evidence and Disclosure Disclosure Document Production Privilege Discovery +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 7 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Giuseppe Clemente

Complainant

Canadian Human Rights Commission

Commission

Air Canada

Respondent

Procedural Posture

Canadian Human Rights Act Complaint / Interim Ruling (motion for Disclosure)

Legal Issues

  1. 1 Whether the Respondent must serve a List of documents and a List of privileged documents
  2. 2 Whether the Respondent must disclose emails/documents for April 2016 to December 2016 referenced in management notes
  3. 3 Whether the Respondent must identify by name and job title employees referred to by initials in Air Canada Management Notes

Ratio Decidendi

The Tribunal concluded that Rule 6 requires the Respondent to serve and file a List of documents and a List of privileged documents with the basis for privilege within 30 days because the lists are necessary to ensure an expedient, fair process and to allow the Complainant to defend his case; the Tribunal accepted the Respondent’s undertaking to search for and promptly provide any further documents from April–December 2016 and thus made no order on that point; the Tribunal also found disclosure of the names and job titles for the individuals identified by initials in the management notes is necessary because those individuals were involved in decisions central to the complaint and their...

Court Disposition

Motion granted in part; orders issued

Orders

  • Respondent must serve and file a List of documents in its possession that relate to a fact or issue raised in the complaint, in compliance with Rule 6(1)(d), within 30 days of notification of the decision.
  • Respondent must serve and file a List of privileged documents and the basis for the privilege in compliance with Rule 6(1)(e) within 30 days of notification of the decision.