Mowat v. Canadian Armed Forces

Mowat v. Canadian Armed Forces

The Tribunal has jurisdiction under s.53(2)(c) of the Canadian Human Rights Act to award legal costs incurred as a result of a discriminatory practice; applying that jurisdiction, the Tribunal apportioned legal work to the substantiated sexual harassment claim and awarded $47,000 as a reasonable contribution to legal costs, denied interest to the date of the decision but ordered interest from the date of the decision to payment calculated under Rule 9(12)(a) of the Tribunal Rules.

Citation
2006 CHRT 49
Parties
Complainant: Donna Mowat; Commission: Canadian Human Rights Commission; Respondent: Canadian Armed Forces
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
15 November 2006
Procedural Posture
Human Rights Complaint Under the Canadian Human Rights Act / Ruling on Legal Expenses
Outcome
Awarded legal costs in part to the complainant
Legal Topics
Sexual Harassment, Legal Costs, Jurisdiction to Award Costs, Remedies, Interest
Source Language
English
Human Rights Law Employment Law Administrative Law Sexual Harassment Legal Costs Jurisdiction to Award Costs Remedies Interest

Case Brief

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Parties

Donna Mowat

Complainant

Canadian Human Rights Commission

Commission

Canadian Armed Forces

Respondent

Procedural Posture

Human Rights Complaint Under the Canadian Human Rights Act / Ruling on Legal Expenses

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under s.53(2) of the Canadian Human Rights Act to award legal costs
  2. 2 Whether legal costs were incurred as a result of the discriminatory practice
  3. 3 What constitutes a reasonable quantum of legal costs to be awarded

Ratio Decidendi

The Tribunal has jurisdiction under s.53(2)(c) of the Canadian Human Rights Act to award legal costs incurred as a result of a discriminatory practice; applying that jurisdiction, the Tribunal apportioned legal work to the substantiated sexual harassment claim and awarded $47,000 as a reasonable contribution to legal costs, denied interest to the date of the decision but ordered interest from the date of the decision to payment calculated under Rule 9(12)(a) of the Tribunal Rules.

Court Disposition

Awarded legal costs in part to the complainant

Orders

  • Awarded $47,000 to Donna Mowat for legal costs under s.53(2)(c) of the Canadian Human Rights Act
  • Denied claim for interest on legal costs up to the date of this decision