L'Écuyer v. Aéroports de Montréal
The appeal is dismissed because the trial judge's findings that the appellant had at least implicitly consented to the disclosure and that the employer had a duty to disclose to the union were not shown to be palpably or overridingly erroneous; therefore the merits dispose of the case without resolving the...
Source-derived case information.
- Citation
- 2004 FCA 237
- Parties
- Appellant: Diane L'Écuyer; Respondent: Aéroports de Montréal; Intervener: Privacy Commissioner of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 17 June 2004
- Procedural Posture
- Appeal / Decision (judgment)
- Outcome
- Appeal dismissed
- Legal Topics
- PIPEDA Section 14, Jurisdictional Allocation Between Privacy Commissioner and Grievance Adjudicator, Consent to Disclosure (implicit Consent), Employer Duty to Disclose to Union
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Diane L'Écuyer
Appellant
Aéroports de Montréal
Respondent
Privacy Commissioner of Canada
Intervener
Procedural Posture
Appeal / Decision (judgment)
Legal Issues
- 1 Whether the Privacy Commissioner and Federal Court had jurisdiction under s.14 of PIPEDA or whether the grievance adjudicator had exclusive jurisdiction
- 2 Whether the appellant implicitly consented to the disclosure of the February 8, 2001 letter to union representatives
- 3 Whether the employer had a duty to disclose its reply to the access to information request to the union
Ratio Decidendi
The appeal is dismissed because the trial judge's findings that the appellant had at least implicitly consented to the disclosure and that the employer had a duty to disclose to the union were not shown to be palpably or overridingly erroneous; therefore the merits dispose of the case without resolving the jurisdictional question.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Dismissed without costs under the circumstances
Full Case Text
Judgment text and source record
1 paragraphs
L'Écuyer v. Aéroports de Montréal Court (s) Database Federal Court of Appeal Decisions Date 2004-06-17 Neutral citation 2004 FCA 237 File numbers A-259-03 Decision Content Date: 20040617 Docket: A-259-03 Citation: 2004 FCA 237 CORAM: RICHARD C.J. DÉCARYJ.A. NOËL J.A. BETWEEN: DIANE L'ÉCUYER Plaintiff (appellant) and AÉROPORTS DE MONTRÉAL Defendant (respondent) and PRIVACY COMMISSIONER OF CANADA Intervener Hearing held at Montréal, Quebec, on June 17, 2004. Judgment delivered from the bench at Montréal, Quebec, on June 17, 2004. REASONS FOR JUDGMENT OF THE COURT: DÉCARY J.A. Date: 20040617 Docket: A-259-03 Citation: 2004 FCA 237 CORAM: RICHARD C.J. DÉCARY J.A. NOËL J.A. BETWEEN: DIANE L'ÉCUYER Plaintiff (appellant) and AÉROPORTS DE MONTRÉAL Defendant (respondent) and PRIVACY COMMISSIONER OF CANADA Intervener REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on June 17, 2004.) DÉCARYJ.A. [1] Pinard J. was of the opinion that the Privacy Commissioner of Canada and, accordingly, the Federal Court, did not have jurisdiction to hear the appellant's claim for relief under section 14 of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5). In his view, it was rather the grievance adjudicator who had that jurisdiction. [2] That said, Pinard J. thought it nonetheless appropriate to examine the merits of the complaint and he determined that it was unfounded. [3] He first determined that the appellant had consented, at least implicitly, to the disclosure of the letter dated February 8, 2001, to the union representatives. He then determined that in this particular case the employer (the respondent) had the duty to disclose its reply to the access to information request to the union. [4] We could not find any palpable or overriding error in these findings. This is sufficient for us to dismiss the appeal without requiring us to decide on the issue of jurisdiction. [5] The appeal is therefore dismissed, without costs under the circumstances. "Robert Décary" J.A. Certified true translation Kelley A. Harvey, BA, BCL, LLB FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-259-03 STYLE OF CAUSE: DIANE L'ÉCUYER Plaintiff (appellant) and AÉROPORTS DE MONTRÉAL Defendant (respondent) and PRIVACY COMMISSIONER OF CANADA Intervener PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: June 17, 2004 REASONS FOR JUDGMENT OF THE COURT: (RICHARD C.J., DÉCARY, NOËL JJ.A.) DELIVERED FROM THE BENCH BY: DÉCARY J.A. APPEARANCES: Diane l'Écuyer (representing herself) FOR THE APPELLANT Lukasz Granosik FOR THE RESPONDENT Annie G. Berthiaume/Sean McGee FOR THE INTERVENER SOLICITORS OF RECORD: Diane l'Écuyer Verdun, Quebec FOR THE APPELLANT Ogilvy Renault Montréal, Quebec FOR THE RESPONDENT Nelligan O'Brien Payne Ottawa, Ontario FOR THE INTERVENER