Lafrenière v. Via Rail Canada Inc.

Lafrenière v. Via Rail Canada Inc.

The motion to amend is dismissed because the additional facts and documents only provide context and fail to allege that the Complainant's disability was a factor in the disciplinary actions or dismissal; further, documents filed with the motion are not part of the record and may only be admitted at the hearing in accordance with CHRA s.50 and the Tribunal's Rules.

Citation
2017 CHRT 12
Parties
Complainant: Serge Lafrenière; Commission: Canadian Human Rights Commission; Respondent: Via Rail Canada Inc.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
12 May 2017
Procedural Posture
Canadian Human Rights Act Inquiry (disability Discrimination) / Interim Ruling on Motion to Amend Statement of Particulars
Outcome
Motion to amend Statement of Particulars dismissed; certain paragraphs may be used only for context; other paragraphs remain live and will be proven at hearing; medical and other documents attached to the motion are not admitted and must be presented at hearing to be considered.
Legal Topics
Disability Discrimination, Amendment of Pleadings, Procedural Motions, Disclosure and Admissibility of Documents
Source Language
English
Human Rights Employment Law Administrative Law Disability Discrimination Amendment of Pleadings Procedural Motions Disclosure and Admissibility of Documents

Case Brief

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Parties

Serge Lafrenière

Complainant

Canadian Human Rights Commission

Commission

Via Rail Canada Inc.

Respondent

Procedural Posture

Canadian Human Rights Act Inquiry (disability Discrimination) / Interim Ruling on Motion to Amend Statement of Particulars

Legal Issues

  1. 1 Whether the facts in the Complainant's motion justify amending the Statement of Particulars to allege discrimination based on disability
  2. 2 Whether documents filed with the motion may be filed with the Tribunal or must only be exchanged among parties and admitted at hearing

Ratio Decidendi

The motion to amend is dismissed because the additional facts and documents only provide context and fail to allege that the Complainant's disability was a factor in the disciplinary actions or dismissal; further, documents filed with the motion are not part of the record and may only be admitted at the hearing in accordance with CHRA s.50 and the Tribunal's Rules.

Court Disposition

Motion to amend Statement of Particulars dismissed; certain paragraphs may be used only for context; other paragraphs remain live and will be proven at hearing; medical and other documents attached to the motion are not admitted and must be presented at hearing to be considered.

Orders

  • The Complainant's motion to amend is dismissed.
  • Incidents described in paragraphs 4 to 9, 10 to 18 (excluding the medical note) and 39 to 53 of the Statement of Particulars may be used at the hearing solely for context and not to establish the Respondent's responsibility.