Cormier v. Graham et al., (2015) 356 N.S.R.(2d) 227 (CA)

Judge:Fichaud, J.A.
Court:Nova Scotia Court of Appeal
Case Date:February 19, 2015
Jurisdiction:Nova Scotia
Citations:(2015), 356 N.S.R.(2d) 227 (CA);2015 NSCA 17
 
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Cormier v. Graham (2015), 356 N.S.R.(2d) 227 (CA);

    1126 A.P.R. 227

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Temp. Cite: [2015] N.S.R.(2d) TBEd. FE.042

Shawn Cormier (applicant) v. Stephanie Graham, the Attorney General of Nova Scotia and the Nova Scotia Human Rights Commission (respondents)

(CA 435725; 2015 NSCA 17)

Indexed As: Cormier v. Graham et al.

Nova Scotia Court of Appeal

Fichaud, J.A.

February 23, 2015.

Summary:

Cormier moved for an extension of time to file a notice of appeal from a decision of the Human Rights Board of Inquiry.

The Nova Scotia Court of Appeal, per Fichaud, J.A., dismissed the motion.

Civil Rights - Topic 7117

Federal, provincial or territorial legislation - Practice - Appeals (incl. standard of review) - Graham was hired by Cormier for a hairstyling apprenticeship - She was fired three months later - In June 2007, Graham filed a complaint with the Human Rights Commission, asserting that Cormier had discriminated against her and had sexually harassed her in violation of the Human Rights Act - On December 15, 2014, a Board of Inquiry determined that Graham's complaint was valid and ordered Cormier to pay damages of $11,400 - Cormier missed the deadline to appeal (25 days) - Cormier moved for an extension of time to file a notice of appeal from a decision of the Human Rights Board of Inquiry - He asserted that he intended to appeal within the prescribed interval, that he was ill with pneumonia at the time, and that he understood he had 30 days, not 25, to appeal - He attempted to file his notice of appeal only a few days after the deadline passed - The Nova Scotia Court of Appeal, per Fichaud, J.A., dismissed the motion - The court accepted that Cormier had an intention to appeal and his reasons for missing the deadline - However, Cormier did not raise any arguable grounds for appeal (the Board erred in believing Graham and disbelieving Cormier and the Commission's delay in processing Graham's complaint).

Civil Rights - Topic 7118

Federal, provincial or territorial legislation - Practice - Limitation period (incl. extension of) - [See Civil Rights - Topic 7117 ].

Practice - Topic 9002

Appeals - Notice of appeal - Extension of time for filing and serving notice of appeal - [See Civil Rights - Topic 7117 ].

Cases Noticed:

Bellefontaine v. Schneiderman, [2006] N.S.R.(2d) Uned. 79; 2006 NSCA 96, refd to. [para. 11].

Farrell v. Casavant (2010), 294 N.S.R.(2d) 292; 933 A.P.R. 292; 2010 NSCA 71, refd to. [para. 12].

Fawson Estate, Re (2013), 329 N.S.R.(2d) 329; 1042 A.P.R. 329; 2013 NSCA 54, refd to. [para. 12].

Tupper v. Nova Scotia Barristers' Society et al. (2014), 351 N.S.R.(2d) 220; 1111 A.P.R. 220; 2014 NSCA 90, refd to. [para. 12].

Dr. Q., Re, [2003] 1 S.C.R. 226; 302 N.R. 34; 179 B.C.A.C. 170; 295 W.A.C. 170; 2003 SCC 19, refd to. [para. 19].

Nova Scotia College of Pharmacists et al., [2013] N.S.R.(2d) Uned. 38; 2013 NSCA 26, refd to. [para. 19].

Nova Scotia Construction Safety Association et al. v. Human Rights Commission (N.S.) et al. (2006), 244 N.S.R.(2d) 321; 774 A.P.R. 321; 2006 NSCA 63, refd to. [para. 21].

Blencoe v. Human Rights Commission (B.C.) et al., [2000] 2 S.C.R. 307; 260 N.R. 1; 141 B.C.A.C. 161; 231 W.A.C. 161; 2000 SCC 44, refd to. [para. 21].

Statutes Noticed:

Human Rights Act, R.S.N.S. 1989, c. 214, sect. 36(1) [para. 7].

Counsel:

The applicant, Mr. Shawn Cormier, on his own behalf;

Ann E. Smith, Q.C., for the respondent, the Nova Scotia Human Rights Commission;

The respondent, Stephanie Graham, not appearing;

The respondent, Attorney General of Nova Scotia, not appearing.

This motion was heard in Chambers, at Halifax, Nova Scotia, on February 19, 2015, by Fichaud, J.A., of the Nova Scotia Court of Appeal, who delivered the following decision on February 23, 2015.

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