Culic v. Canada Post Corporation

Culic v. Canada Post Corporation

Section 53(2)(c) permits awarding compensation for legal expenses but such compensation must be limited to the portion of costs attributable to substantiated allegations; applying that principle, the Tribunal apportioned 65% of the claimed legal costs to the substantiated allegations and awarded $33,928.54.

Citation
2007 CHRT 30
Parties
Complainant: Sandy Culic; Commission: Canadian Human Rights Commission; Respondent: Canada Post Corporation
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
19 July 2007
Procedural Posture
Human Rights Complaint (canadian Human Rights Act) / Ruling on Legal Costs (post Hearing)
Outcome
Canada Post ordered to pay $33,928.54 to the Complainant for legal costs attributable to substantiated discriminatory conduct
Legal Topics
Discrimination, Disability, Costs and Indemnity, Bona Fide Occupational Requirement
Source Language
English
Human Rights Law Employment Law Administrative Law Discrimination Disability Costs and Indemnity Bona Fide Occupational Requirement

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Parties

Sandy Culic

Complainant

Canadian Human Rights Commission

Commission

Canada Post Corporation

Respondent

Procedural Posture

Human Rights Complaint (canadian Human Rights Act) / Ruling on Legal Costs (post Hearing)

Legal Issues

  1. 1 Whether s.53(2)(c) authorizes full indemnity for legal costs
  2. 2 Whether costs must be limited to costs attributable to substantiated allegations
  3. 3 Whether solicitor-and-client costs are appropriate

Ratio Decidendi

Section 53(2)(c) permits awarding compensation for legal expenses but such compensation must be limited to the portion of costs attributable to substantiated allegations; applying that principle, the Tribunal apportioned 65% of the claimed legal costs to the substantiated allegations and awarded $33,928.54.

Court Disposition

Canada Post ordered to pay $33,928.54 to the Complainant for legal costs attributable to substantiated discriminatory conduct

Orders

  • Pursuant to s.53(1)(c), Canada Post is ordered to pay Sandy Lipp (née Culic) the sum of $33,928.54 in compensation for reasonable legal costs incurred as a result of the discriminatory conduct.