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The Tribunal denied interim relief, but granted disclosure and preservation of materials tied to the November 2022 termination, JCM records, and the Adverse Party Policy.
The court upheld a subpoena to plaintiffs’ counsel, finding he was a necessary witness on May 2016 events relevant to limitation issues, and found no abuse of process.
The court found the plaintiff was constructively dismissed when the Tahltan Central Government suspended him without following mandatory internal procedures.
Complaint dismissed: Complainant failed to prove prima facie discrimination or retaliation on balance of probabilities. Education funding denial followed PSSSP priority rules and complainant did not identify a CHRA protected ground for that denial; Annual Gathering was a targeted 60+ service and she was not in the defined beneficiary public; no evidence housing became available or was allocated while she waited so adverse treatment for discriminatory reasons was not proven; alleged removal from the waitlist was plausibly explained by failure to reapply and the exclusion from the gathering occ…
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The motion for a stay was dismissed because, although the appellant satisfied the low threshold of raising a serious issue on appeal, she failed to demonstrate irreparable harm from proceeding to a sentencing hearing; the alleged harms were speculative or avoidable and the motion was therefore premature prior to determination of the specific sanction.
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The Federal Court found four CTKFN officials in contempt for breaching a stay order that halted removals and a by-election, while two respondents were acquitted.
La Cour fédérale autorise la modification de l’avis de demande et le dépôt de deux affidavits additionnels, mais refuse un affidavit modifié dans un contrôle judiciaire.
The Tribunal granted disclosure in part: documents that are in PFN’s possession and are arguably relevant and proportionate to the complaint must be produced (voters list, band meeting minutes relating to Mr. Peters’ housing assistance requests, ledgers for home builds/renovations from Jan 1995 to date, investigation/security documents referencing Mr. Peters 2015–2019, and identification of ISC contact Angie Lee and her role and search categories), and denied disclosure where documents were not in PFN’s possession, not relevant to the complaint (Seabird settlement), or where confidentiality c…
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Judicial review of an unjust dismissal decision was allowed in part. The Court upheld the finding of unjust dismissal but sent the remedy back because reinstatement to a different position exceeded jurisdiction.
The appeal is dismissed because the Federal Court did not commit a palpable and overriding error: the December 21, 2017 order was clear, appellants intentionally failed to comply, filing an appeal or motion to stay did not excuse non-compliance, and the due diligence defence was inapplicable where the actions sought aimed to avoid compliance rather than to effectuate it.
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