Montreuil v. Canadian Forces

Montreuil v. Canadian Forces

The Tribunal declined to decide the adjournment request at the pre-hearing stage and held that issues of prejudice from late disclosure and potential remedies, including Rule 9(3), should be determined by the member or panel hearing the merits; practical accommodations may be considered by that decision-maker.

Citation
2006 CHRT 44
Parties
Complainant: Micheline Montreuil; Commission: Canadian Human Rights Commission; Respondent: Canadian Forces
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
16 October 2006
Procedural Posture
Human Rights / Pre Hearing (adjournment/disclosure Ruling)
Outcome
Adjournment request not granted at this stage and deferred to the member or panel hearing the merits.
Legal Topics
Disclosure, Adjournment, Pre Hearing Procedure, Rules of Procedure (rule 9(3))
Source Language
English
Human Rights Administrative Law Procedural Law Disclosure Adjournment Pre Hearing Procedure Rules of Procedure (rule 9(3))

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Parties

Micheline Montreuil

Complainant

Canadian Human Rights Commission

Commission

Canadian Forces

Respondent

Procedural Posture

Human Rights / Pre Hearing (adjournment/disclosure Ruling)

Legal Issues

  1. 1 Whether an adjournment should be granted due to late disclosure of documents
  2. 2 Whether the disclosed documents are new or previously known to the parties
  3. 3 Whether prejudice has been established such that Rule 9(3) remedies apply

Ratio Decidendi

The Tribunal declined to decide the adjournment request at the pre-hearing stage and held that issues of prejudice from late disclosure and potential remedies, including Rule 9(3), should be determined by the member or panel hearing the merits; practical accommodations may be considered by that decision-maker.

Court Disposition

Adjournment request not granted at this stage and deferred to the member or panel hearing the merits.