Labelle v. Rogers Communications Inc.

Labelle v. Rogers Communications Inc.

The Tribunal dismissed the complaint because the complainant repeatedly and without excusable justification failed to comply with peremptory disclosure and procedural deadlines, repeatedly frustrated the Tribunal's processes despite multiple extensions and assistance, and thereby abused the administration of justice...

Source-derived case information.

Citation
2012 CHRT 4
Parties
Complainant: Deborah P. Labelle; Commission: Canadian Human Rights Commission; Respondent: Rogers Communications Inc.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
29 February 2012
Procedural Posture
Human Rights Discrimination (sex) / Motion to Dismiss (pre Hearing Ruling)
Outcome
Complaint dismissed
Legal Topics
Sex Discrimination, Disclosure Obligations, Abuse of Process, Dismissal for Non Compliance
Source Language
english
Human Rights Administrative Law Employment Law Sex Discrimination Disclosure Obligations Abuse of Process Dismissal for Non Compliance

Source-derived case record

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Parties

Deborah P. Labelle

Complainant

Canadian Human Rights Commission

Commission

Rogers Communications Inc.

Respondent

Procedural Posture

Human Rights Discrimination (sex) / Motion to Dismiss (pre Hearing Ruling)

Legal Issues

  1. 1 Whether the complainant failed to comply with Tribunal disclosure and procedural obligations
  2. 2 Whether the complainant's conduct amounted to an abuse of process warranting dismissal
  3. 3 Whether dismissal for delay and non-compliance would cause unfair prejudice to the respondent

Ratio Decidendi

The Tribunal dismissed the complaint because the complainant repeatedly and without excusable justification failed to comply with peremptory disclosure and procedural deadlines, repeatedly frustrated the Tribunal's processes despite multiple extensions and assistance, and thereby abused the administration of justice creating unfair prejudice to the respondent; under Seitz and related authority such conduct warrants dismissal.

Court Disposition

Complaint dismissed

Orders

  • Complaint dismissed