Harrison v. Curve Lake First Nation

Harrison v. Curve Lake First Nation

Canada Post was added because it controlled and administered the competition selection process, was the only entity with direct knowledge and evidence necessary to resolve the complaint, and its addition would not result in serious prejudice or deny benefits of the Commission process; the request for costs was denied because the Tribunal lacks authority to award legal costs under the governing jurisprudence.

Citation
2018 CHRT 7
Parties
Complainant: Rosanne Harrison; Commission: Canadian Human Rights Commission; Respondent: Curve Lake First Nation; Added Respondent: Canada Post
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
9 March 2018
Procedural Posture
Human Rights Complaint Under the Canadian Human Rights Act / Interim Ruling on Motion to Add a Necessary Party
Outcome
Canada Post added as a necessary party to the complaint; request for costs denied
Legal Topics
Discrimination, Necessary Party Addition, Tribunal Procedure, Costs
Source Language
English
Human Rights Administrative Law Employment Law Discrimination Necessary Party Addition Tribunal Procedure Costs

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 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Rosanne Harrison

Complainant

Canadian Human Rights Commission

Commission

Curve Lake First Nation

Respondent

Canada Post

Added Respondent

Procedural Posture

Human Rights Complaint Under the Canadian Human Rights Act / Interim Ruling on Motion to Add a Necessary Party

Legal Issues

  1. 1 Whether Canada Post should be added as a necessary party to the complaint
  2. 2 Whether the Commission should be ordered to pay the Respondent's costs of the motion

Ratio Decidendi

Canada Post was added because it controlled and administered the competition selection process, was the only entity with direct knowledge and evidence necessary to resolve the complaint, and its addition would not result in serious prejudice or deny benefits of the Commission process; the request for costs was denied because the Tribunal lacks authority to award legal costs under the governing jurisprudence.

Court Disposition

Canada Post added as a necessary party to the complaint; request for costs denied

Orders

  • Canada Post is added as a party to file T2156/3016.
  • The Respondent's request that the Commission pay the costs of this motion is denied.