VIA Rail Canada Inc. v. Cannon, 2015 FC 989

• Judge: Diner, J.
• Court: Federal Court (Canada)
• Case Date: May 06, 2015
• Jurisdiction: Canada (Federal)
• Citations: 2015 FC 989;[2015] F.T.R. TBEd. AU.046

Via Rail Can. Inc. v. Cannon, [2015] F.T.R. TBEd. AU.046

MLB being edited

Currently being edited for F.T.R. - judgment temporarily in rough form.

Temp. Cite: [2015] F.T.R. TBEd. AU.046

VIA Rail Canada Inc. (applicant) v. Marcia Cannon (respondent)

(T-1832-14; 2015 FC 989)

Indexed As: VIA Rail Canada Inc. v. Cannon

Federal Court

Diner, J.

August 19, 2015.

Summary:

The Canadian Human Rights Commission determined that it would address a complaint filed by the respondent, who alleged that she suffered adverse differential treatment in the provision of a service offered by VIA Rail Canada Inc. VIA applied for judicial review.

The Federal Court allowed the application. The court quashed the decision to investigate and remitted the matter back to the Commission for redetermination in accordance with the court's reasons.

Administrative Law - Topic 2278

Natural justice - The duty of fairness - Remedies - General - [See Civil Rights - Topic 7046 ].

Civil Rights - Topic 7046

Federal, provincial or territorial legislation - Commissions or boards - General - Duty of fairness (incl. delay) - The Canadian Human Rights Commission determined that it would address a complaint filed by the respondent, who alleged that she suffered adverse differential treatment in the provision of a service offered by VIA Rail Canada Inc. - VIA applied for judicial review - VIA had objected to the Commission dealing with the complaint pursuant to s. 41(1)(e) of the Canadian Human Rights Act - VIA submitted that the Commission breached its obligations of procedural fairness and legitimate expectations in finding that it had previously accepted the respondent's complaint for inquiry under s. 40 of the Act, despite prior assurances to the parties that no complaint had been so accepted - The Federal Court allowed the application - VIA was led to believe that no complaint had been filed with the Commission at the time it was involved in alternate dispute resolution proceedings - It was procedurally unfair for the Commission to have indicated that it had not accepted a complaint, which understandably led VIA to act in accordance with that position, and then subsequently assert a diametrically opposite position - VIA asked that the court render an order in the nature of a directed verdict - Due to the importance of the rights at stake, the court agreed with the respondent that a directed verdict would be inappropriate - The court quashed the decision to investigate and remitted the matter back to the Commission for redetermination in accordance with the court's reasons.

Civil Rights - Topic 7115

Federal, provincial or territorial legislation - Practice - Judicial review - [See Civil Rights - Topic 7046 ].

Cases Noticed:

Khosa v. Canada (Minister of Citizenship and Immigration), [2009] 1 S.C.R. 339; 385 N.R. 206; 2009 SCC 12, refd to. [para. 17].

B074 v. Canada (Minister of Citizenship and Immigration) (2013), 442 F.T.R. 250; 2013 FC 1146, refd to. [para. 17].

Herbert v. Canada (Attorney General), [2008] F.T.R. Uned. 696; 2008 FC 969, refd to. [para. 18].

Huggins v. Canada Post Corp. (2005), 272 F.T.R. 306; 2005 FC 665, refd to. [para. 20].

Mount Sinai Hospital Center et al. v. Quebec (Minister of Health and Social Services), [2001] 2 S.C.R. 281; 271 N.R. 104; 2001 SCC 41, refd to. [para. 20].

Giguère v. Chambre des notaires du Québec, [2004] 1 S.C.R. 3; 315 N.R. 346; 2004 SCC 1, refd to. [para. 22].

Pictou Landing Band Council et al. v. Canada (Attorney General) (2013), 430 F.T.R. 141; 2013 FC 342, refd to. [para. 22].

Canada (A.G.) v. Cruden et al., [2013] F.T.R. Uned. 254; 2013 FC 520, refd to. [para. 24].

JP Morgan Asset Management (Canada) Inc. v. Minister of National Revenue et al. (2013), 450 N.R. 91; 2013 FCA 250, refd to. [para. 25].

Canadian Broadcasting Corp. v. Judge et al. (2002), 218 F.T.R. 128; 2002 FCT 319, refd to. [para. 25].

Action Travail Des Femmes v. Canadian National Railway Co., [1987] 1 S.C.R. 1114; 76 N.R. 161, refd to. [para. 27].

Air Canada Pilots Association v. MacLellan (2012), 411 F.T.R. 232; 2012 FC 591, refd to. [para. 27].

Counsel:

Y. Monica Song, for the applicant;

Self-represented, for the respondent.

Solicitors of Record:

Dentons Canada, LLP, Ottawa, Ontario, for the applicant.

This application was heard on May 6, 2015, at Ottawa, Ontario, before Diner, J., of the Federal Court, who delivered the following judgment on August 19, 2015.