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Date: 19980512 Docket: A-913-96 CORAM: THE HONOURABLE MR. JUSTICE DENAULT THE HONOURABLE MADAME JUSTICE DESJARDINS THE HONOURABLE MR. JUSTICE DÉCARY IN THE MATTER OF an application pursuant to Section 77 of the Official Languages Act. R.S.C. 1985, c.31 (4th Supp.) BETWEEN: ROBERT LAVIGNE Applicant-Appellant AND: HUMAN RESOURCES DEVELOPMENT (FORMERLY HEALTH AND WELFARE CANADA) -and- HER MAJESTY THE QUEEN Respondents AND: THE OFFICE OF THE COMMISSIONER OF OFFICIAL LANGUAGES Intervenor Heard at Montreal, Quebec Monday, May 11, 1998 Judgment delivered at Montreal, Quebec Monday, May 11, 1998 REASONS FOR JUDGMENT BY: THE HONOURABLE MR. JUSTICE DENAULT Date: 19980512 Docket: A-913-96 CORAM: DENAULT J.A. DESJARDINS J.A. DÉCARY J.A. IN THE MATTER OF an application pursuant to Section 77 of the Official Languages Act. R.S.C. 1985, c.31 (4th Supp.)
ROBERT LAVIGNE Applicant-Appellant AND: HUMAN RESOURCES DEVELOPMENT (FORMERLY HEALTH AND WELFARE CANADA) -and- HER MAJESTY THE QUEEN Respondents AND: THE OFFICE OF THE COMMISSIONER OF OFFICIAL LANGUAGES Intervenor REASONS FOR JUDGMENT OF THE COURT (Rendered from the Bench at Montreal on Monday, May 11, 1998) DENAULT J.A. [1] We have not been persuaded that this appeal should succeed. [2] While we substantially agree with the statements of Pinard J. about the wide discretion of the Trial Division, pursuant to subsection 77(4) of the Official Languages Act, to award the appropriate remedies, including damages, we are of the view that on the basis of the evidence he had before him, he properly refused to re-instate the Appellant within the Federal Public Service. There is no ground for intervention in his conclusions that the Appellant, having established no causal link between the non-compliance by Human Resources Development with Part V of Act and the fact that he was not re-hired, he was not entitled to loss of salary and benefits, and that the circumstances of the case did not justify that exemplary damages be granted. Nothing in the arguments raised by the Appellant warrants the intervention of this Court. [3] The appeal will be dismissed, with costs to the Respondents only. Pierre Denault J.A. MONTREAL, QUEBEC May 12, 1998 FEDERAL COURT OF APPEAL Date: 19980512 Docket: A-913-96 IN THE MATTER OF an application pursuant to Section 77 of the Official Languages Act. R.S.C. 1985, c.31 (4th Supp.) BETWEEN: ROBERT LAVIGNE Applicant-Appellant AND: HUMAN RESOURCES DEVELOPMENT (FORMERLY HEALTH AND WELFARE CANADA) -and- HER MAJESTY THE QUEEN Respondents AND: THE OFFICE OF THE COMMISSIONER OF OFFICIAL LANGUAGES Intervenor
REASONS FOR JUDGMENT
FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT NUMBER: A-913-96 IN THE MATTER OF an application pursuant to Section 77 of the Official Languages Act. R.S.C. 1985, c.31 (4th Supp.) BETWEEN: ROBERT LAVIGNE Applicant-Appellant AND: HUMAN RESOURCES DEVELOPMENT (FORMERLY HEALTH AND WELFARE CANADA) -and- HER MAJESTY THE QUEEN Respondents AND: THE OFFICE OF THE COMMISSIONER OF OFFICIAL LANGUAGES Intervenor PLACE OF HEARING: Montreal (Quebec) DATE OF HEARING: May 11, 1998 REASONS FOR JUDGMENT OF THE COURT (DENAULT, DESJARDINS & DÉCARY, J. J.A.) RENDERED FROM THE BENCH BY: DENAULT J.A. - 2 - DATED: May 12, 1998 APPEARANCES:
Me Robert Piché
Me Elizabeth Grace for the Intervenor SOLICITORS OF RECORD: George Tompson for the Respondents The Deputy Attorney General of Canada Ottawa, Ontario Office of the Commissioner the Intervenor of Official Languages Ottawa, Ontario |
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