Beauregard v. Canada Post

Beauregard v. Canada Post

The Tribunal's finding that the applicant failed to establish a disability was reasonable and not patently unreasonable given the evidence and credibility assessments; the Court will not substitute its view for the Tribunal's on factual and credibility matters, so the application for judicial review is dismissed.

Citation
2005 FC 1384
Parties
Applicant: MICHEL BEAUREGARD; Respondent: CANADA POST; Respondent: CANADIAN HUMAN RIGHTS COMMISSION
Court
Federal Court
Jurisdiction
Canada
Judgment Date
12 October 2005
Procedural Posture
Judicial Review of Human Rights Tribunal Decision / Decision on Application for Judicial Review
Outcome
Application for judicial review dismissed
Legal Topics
Disability Discrimination, Standard of Review, Credibility Assessment, Medical Evidence, Costs
Source Language
English
Human Rights Employment Law Administrative Law Disability Discrimination Standard of Review Credibility Assessment Medical Evidence Costs

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Parties

MICHEL BEAUREGARD

Applicant

CANADA POST

Respondent

CANADIAN HUMAN RIGHTS COMMISSION

Respondent

Procedural Posture

Judicial Review of Human Rights Tribunal Decision / Decision on Application for Judicial Review

Legal Issues

  1. 1 Whether the Tribunal erred in finding the applicant did not have a disability under the Canadian Human Rights Act
  2. 2 Whether the Tribunal improperly assessed medical evidence and expert credibility
  3. 3 Whether new legal arguments (physicians' code of ethics) could be considered on judicial review

Ratio Decidendi

The Tribunal's finding that the applicant failed to establish a disability was reasonable and not patently unreasonable given the evidence and credibility assessments; the Court will not substitute its view for the Tribunal's on factual and credibility matters, so the application for judicial review is dismissed.

Court Disposition

Application for judicial review dismissed

Orders

  • The application for judicial review is dismissed with costs.
  • Respondent's costs are fixed at a total amount of $950.