Harrison v. Curve Lake First Nation and Canada Post Corporation

Harrison v. Curve Lake First Nation and Canada Post Corporation

The Tribunal will not reopen the March 9, 2018 decision because service on Canada Post was properly effected by courier and established by affidavit in accordance with the Tribunal's Rules, so no denial of procedural fairness occurred and discretion to reopen is not warranted.

Citation
2019 CHRT 36
Parties
Complainant: Rosanne Harrison; Commission: Canadian Human Rights Commission; Respondent: Curve Lake First Nation; Respondent: Canada Post Corporation
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
28 August 2019
Procedural Posture
Human Rights Complaint / Interim Ruling on Motion to Reopen
Outcome
Motion to reopen denied; the Tribunal's March 9, 2018 decision adding Canada Post as a respondent remains in effect
Legal Topics
Service of Process, Functus Officio, Natural Justice, Joinder of Parties
Source Language
English
Administrative Law Human Rights Law Procedural Law Service of Process Functus Officio Natural Justice Joinder of Parties

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Parties

Rosanne Harrison

Complainant

Canadian Human Rights Commission

Commission

Curve Lake First Nation

Respondent

Canada Post Corporation

Respondent

Procedural Posture

Human Rights Complaint / Interim Ruling on Motion to Reopen

Legal Issues

  1. 1 Whether the Tribunal should reopen its March 9, 2018 decision
  2. 2 Whether the Tribunal is functus officio
  3. 3 Whether service was properly effected on Canada Post

Ratio Decidendi

The Tribunal will not reopen the March 9, 2018 decision because service on Canada Post was properly effected by courier and established by affidavit in accordance with the Tribunal's Rules, so no denial of procedural fairness occurred and discretion to reopen is not warranted.

Court Disposition

Motion to reopen denied; the Tribunal's March 9, 2018 decision adding Canada Post as a respondent remains in effect

Orders

  • The Motion to re-open the Tribunal’s decision of March 9, 2018 is denied
  • No re-hearing is ordered