La Cour fédérale a radié la déclaration du dossier et rejeté l’action sans अनुमति d’amendement, jugeant le recours vexatoire, sans fondement et abusif.
The Commission’s investigation and decision were procedurally fair (neutral and sufficiently thorough) and substantively reasonable on the record (the appellant failed to demonstrate he possessed the essential, relevant qualifications or that race/origin was a factor); the Federal Court did not err in excluding the Privacy Commissioner’s report as it was not part of the administrative record, and the costs award in favor of the Bank was within the trial court’s discretion; appeal dismissed with costs to the Bank fixed at $2,500.00.
Leave to appeal was refused because the applicant failed to raise an arguable case that the General Division misinterpreted 'misconduct'; the issues he raised (reasonableness or legality of the employer policy, Charter or CHRA claims, and wrongful suspension) are irrelevant to the misconduct question and outside the tribunal's jurisdiction.
The Federal Court granted part of IPCO’s motion, ordering temporary reinstatement of funding for three Indigenous police services and limited relief from two section 6 prohibitions.
The Federal Court correctly applied the Imperial Tobacco test and reasonably concluded the Statement of Claim disclosed no reasonable cause of action, was inadequately pleaded, and was vexatious and scandalous such that it could be struck in its entirety without leave to amend; the Federal Court's exercise of discretion contained no reviewable error and the appeal is dismissed.
The Federal Court dismissed judicial review of a CHRT decision, holding that the disability-benefit exemption tied to “normal pensionable age” did not violate s. 15(1) of the Charter.
The Federal Court of Appeal held that reasonableness is the applicable standard of review and that the CHRT reasonably found the appellant failed to mitigate his damages; therefore the CHRT remedial decision was upheld and the appeal dismissed with costs of $2,000.00.
Curtis v. Canada (Employment, Workforce Development and Disability Inclusion)
Court
Federal Court
The Federal Court struck Gary Curtis’s amended pleading without leave to amend, dismissed the actions against the Bank of Nova Scotia and the Crown defendants, and awarded costs.
The Federal Court upheld the Commission’s dismissal of a human rights complaint, finding the CBSA’s language requirement was reasonably applied and not shown to be racially discriminatory.