Gagné v. Canada Post Corporation

Gagné v. Canada Post Corporation

The Tribunal dismissed the respondent's motion because the respondent failed to prove that the pre-filing and pre-hearing delay caused significant evidentiary prejudice or otherwise brought the human rights process into disrepute; absent demonstrated inability to answer the complaint or unacceptable prejudice, delay alone does not justify refusing to hear the complaint and the Tribunal lacks jurisdiction to review the Commission's decision to deal with an out-of-time complaint under s.41(1)(e).

Citation
2007 CHRT 18
Parties
Complainant: Raymond Gagné; Commission: Canadian Human Rights Commission; Respondent: Canada Post Corporation
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
10 May 2007
Procedural Posture
Human Rights Complaint / Pre Hearing Motion to Dismiss for Abuse of Process (delay)
Outcome
Motion dismissed without prejudice
Legal Topics
Delay, Abuse of Process, Right to Fair Hearing, Harassment, Disability Discrimination, Disclosure
Source Language
English
Human Rights Law Employment Law Administrative Law Delay Abuse of Process Right to Fair Hearing Harassment Disability Discrimination +1 more

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Parties

Raymond Gagné

Complainant

Canadian Human Rights Commission

Commission

Canada Post Corporation

Respondent

Procedural Posture

Human Rights Complaint / Pre Hearing Motion to Dismiss for Abuse of Process (delay)

Legal Issues

  1. 1 Whether pre-filing and pre-hearing delay is inordinate and constitutes abuse of process warranting refusal to hear the complaint
  2. 2 Whether the delay caused significant evidentiary prejudice impairing the respondent's right to a fair hearing
  3. 3 Whether the Tribunal can review the Commission's decision under s.41(1)(e) of the Canadian Human Rights Act

Ratio Decidendi

The Tribunal dismissed the respondent's motion because the respondent failed to prove that the pre-filing and pre-hearing delay caused significant evidentiary prejudice or otherwise brought the human rights process into disrepute; absent demonstrated inability to answer the complaint or unacceptable prejudice, delay alone does not justify refusing to hear the complaint and the Tribunal lacks jurisdiction to review the Commission's decision to deal with an out-of-time complaint under s.41(1)(e).

Court Disposition

Motion dismissed without prejudice

Orders

  • Motion by Canada Post Corporation dismissed without prejudice
  • Respondent retains the right to bring subsequent procedural motions including motions for further particulars, disclosure, or to exclude evidence relating to specific incidents at the hearing