Case information
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33507
Canadian Human Rights Commission, et al. v. Attorney General of Canada
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2011-11-08 | Appeal closed | |
| 2011-10-31 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2011-10-31 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2011-10-28 |
Judgment on the appeal rendered, CJ LeB De Abe Cha Ro Cro, The appeal from the judgment of the Federal Court of Appeal, Number A-89-08, 2009 FCA 309, dated October 26, 2009, heard on December 13, 2010, is dismissed without costs. Dismissed, without costs |
|
| 2010-12-31 | Transcript received, (71 pages) | |
| 2010-12-13 | Judgment reserved OR rendered with reasons to follow | |
| 2010-12-13 | Supplemental document, Supplemental authority submitted in Court (10 copies), Completed on: 2010-12-13 | Council of Canadians with Disabilities |
| 2010-12-13 | Respondent's condensed book, Submitted in Court (14 copies) | Attorney General of Canada |
| 2010-12-13 | Appellant's condensed book, Submitted in Court (14 copies) | Donna Mowat |
| 2010-12-13 | Appellant's condensed book, Submitted in Court (14 copies) | Canadian Human Rights Commission |
| 2010-12-13 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2010-12-13 |
Hearing of the appeal, 2010-12-13, CJ LeB De Abe Cha Ro Cro Judgment reserved |
|
| 2010-12-09 | Correspondence received from, Andrew Raven dated December 9, 2010. Re: Excerpts of authorities | Donna Mowat |
| 2010-12-09 | Correspondence received from, Peter Southey dated December 9, 2010. Re: Will be refering to additional authorities and will be included in the condensed book | Attorney General of Canada |
| 2010-11-29 | Notice of appearance, Reidar M. Mogerman will be present at the hearing. | Canadian Bar Association |
| 2010-11-26 | Notice of appearance, David Baker and Paul Champ will be present at the hearing. | Council of Canadians with Disabilities |
| 2010-11-26 | Notice of appearance, Philippe Dufresne and Daniel Poulin will be present at the hearing. | Canadian Human Rights Commission |
| 2010-11-25 |
Order by, Abe, FURTHER TO THE ORDER dated September 29, 2010, granting leave to intervene to the Canadian Bar Association and the Council of Canadians with Disabilities for leave to intervene in the above appeal; IT IS HEREBY FURTHER ORDERED THAT the interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal. Granted |
|
| 2010-11-24 | Notice of appearance, Andrew Raven, Andrew Astritis and Bijon Roy will be present at the hearing. | Donna Mowat |
| 2010-11-23 | Intervener's factum, Completed on: 2010-11-26 | Council of Canadians with Disabilities |
| 2010-11-23 | Intervener's book of authorities, Vol. 1 and 2, Completed on: 2010-11-26 | Council of Canadians with Disabilities |
| 2010-11-23 | Notice of appearance, Peter Southey and Sean Gaudet will be present at the hearing. | Attorney General of Canada |
| 2010-11-02 | Correspondence (sent by the Court) to, all parties, re.: J. Binnie's recusal letter | |
| 2010-10-28 | Intervener's book of authorities, (2 vol. ) - service rec'd Oct. 29/10, Completed on: 2010-10-28 | Canadian Bar Association |
| 2010-10-28 | Intervener's factum, Service rec'd Oct. 29/10, Completed on: 2010-10-29 | Canadian Bar Association |
| 2010-10-28 | Respondent's book of authorities, (2 volumes), Completed on: 2010-10-28 | Attorney General of Canada |
| 2010-10-28 | Respondent's factum, Completed on: 2010-10-28 | Attorney General of Canada |
| 2010-10-15 | Correspondence received from, P. Southey dated Oct. 15/10 re: possible conflict (by fax) | Attorney General of Canada |
| 2010-10-08 | Appellant's book of authorities, Vol. 1 to 4, CD and form rec'd Oct. 18/10, Completed on: 2010-10-19 | Donna Mowat |
| 2010-10-08 |
Appellant's factum, CD and form rec'd Oct. 18/10 , Completed on: 2010-10-19 |
Donna Mowat |
| 2010-10-08 | Appeal perfected for hearing | |
| 2010-10-01 | Letter sent to Intervener(s) | |
| 2010-09-29 | Order on motion for leave to intervene, (BY ABELLA J.) | |
| 2010-09-29 |
Decision on the motion for leave to intervene, Abe, UPON APPLICATIONS by Kasha Whyte and Cindy Richards, Ruth Walden, Canadian Bar Association, Council of Canadians with Disabilities for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene by Kasha Whyte and Cindy Richards and Ruth Walden are dismissed. The motions for leave to intervene by Canadian Bar Association, Council of Canadians with Disabilities are granted and the said intervener shall each be entitled to serve and file a factum not to exceed 10 pages in length. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their interventions. Allowed in part |
|
| 2010-09-29 | Submission of motion for leave to intervene, Abe | |
| 2010-09-29 | Order on miscellaneous motion, (BY ABELLA J.) | |
| 2010-09-29 |
Decision on miscellaneous motion, Abe, UPON APPLICATION on behalf of Attorney General of Canada for: 1) an order that Donna Mowat’s status in the proceeding be changed from respondent to appellant; 2) further, or in the alternative, an order that Ms. Mowat will share oral argument with the appellant, Canadian Human Rights Commission, and not the Attorney General of Canada against whom her interests are adverse; 3) an order extending the time to serve and file the Attorney General of Canada’s record, factum and book of authorities until 20 days following the service of Ms. Mowat’s factum; and, 4) in the alternative, an order permitting the Attorney General of Canada to file a 10 page reply within 20 days following service of Ms. Mowat’s factum; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: 1) The motion is granted; 2) Donna Mowat is to appear as an appellant in the style of cause; 3) The appellant, Donna Mowat, will share the time allotted for oral argument with the appellant Canadian Human Rights Commission; 4) The appellant, Donna Mowat, shall serve and file her factum, record and book of authorities on or before October 8, 2010; 5) The respondent, Attorney General of Canada, shall serve and file its factum, record and book of authorities 20 days after the service of the appellant Donna Mowat’s factum. Granted |
|
| 2010-09-29 | Submission of miscellaneous motion, Abe | |
| 2010-09-24 | Reply to the motion for leave to intervene, (Letter Form), Reply to response to motion to intervene from AG of Canada, Completed on: 2010-09-24 | Ruth Walden |
| 2010-09-22 | Response to miscellaneous motion, (Letter Form), (on D. Mowat's status), Completed on: 2010-09-22 | Donna Mowat |
| 2010-09-22 | Response to miscellaneous motion, (Letter Form), (on D. Mowat's status), Completed on: 2010-09-22 | Canadian Human Rights Commission |
| 2010-09-21 | Response to the motion for leave to intervene, (Letter Form), (Response to all motions for Leave to Intervene), Completed on: 2010-09-21 | Canadian Human Rights Commission |
| 2010-09-20 | Response to the motion for leave to intervene, (bookform) (Response to all motions for Leave to Intervene), Completed on: 2010-09-20 | Attorney General of Canada |
| 2010-09-20 | Response to the motion for leave to intervene, (Letter Form), (Response to all motions for Leave to Intervene), Completed on: 2010-09-20 | Donna Mowat |
| 2010-09-13 | Notice of miscellaneous motion, (bookform), re.: Motion on D. Mowat's status; D. Mowat's oral argument; ext. of time to file respondent's records, factum & authorities; and to file a 10 p. respondent's reply, Completed on: 2010-09-13 | Attorney General of Canada |
| 2010-09-10 | Motion for leave to intervene, (bookform), Completed on: 2010-09-10 | Council of Canadians with Disabilities |
| 2010-09-10 | Motion for leave to intervene, Completed on: 2010-09-10 | Canadian Bar Association |
| 2010-09-10 | Motion for leave to intervene, (bookform) Fees missing (rec'd Sept.14-10), Completed on: 2010-09-14 | Ruth Walden |
| 2010-09-09 | Motion for leave to intervene, (bookform), Completed on: 2010-09-09 | Kasha Whyte and Cindy Richards |
| 2010-09-07 | Correspondence (sent by the Court) to, A. Astritis and c.c. to A. Raven re: enclosing information with respect to the hearing of the appeal | |
| 2010-09-01 | Correspondence received from, Andrew Raven dated Sept. 1/10 re: confirming that he represents Donna Mowat, respondent, he will be filing a factum and present oral arguments (by fax) | Donna Mowat |
| 2010-08-13 | Appellant's book of authorities, (2 vols), Completed on: 2010-08-17 | Canadian Human Rights Commission |
| 2010-08-13 | Appellant's record, Completed on: 2010-08-17 | Canadian Human Rights Commission |
| 2010-08-13 | Appellant's factum, Completed on: 2010-08-17 | Canadian Human Rights Commission |
| 2010-07-19 | Correspondence received, from Selwyn A. Pieters by fax dated July 19/10 re: deadline for filing a motion for leave to intervene (answered by phone July 19-10) | |
| 2010-07-05 | Notice of hearing sent to parties | |
| 2010-07-05 |
Appeal hearing scheduled, 2010-12-13, (start time 9:30am) Judgment reserved |
|
| 2010-05-21 | Notice of appeal, Completed on: 2010-05-21 | Canadian Human Rights Commission |
| 2010-05-04 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2010-04-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-04-23 | Judgment on leave sent to the parties | |
| 2010-04-22 |
Judgment of the Court on the application for leave to appeal, The motion to allow Canadian Human Rights Commission to bring the application for leave to appeal as a party applicant is granted. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-89-08, 2009 FCA 309, dated October 26, 2009, is granted without costs. Granted, without costs |
|
| 2010-04-22 |
Decision on motion to add or substitute parties Granted |
|
| 2010-03-29 | All materials on application for leave submitted to the Judges, Bi F Cha | |
| 2010-03-29 | Submission of motion to add or substitute parties, Bi F Cha | |
| 2010-03-18 | Supplemental document, Amended Notice of Motion pursuant to Rule 47 | Canadian Human Rights Commission |
| 2010-03-02 | Correspondence (sent by the Court) to, Ms. Mowat with attached order dated Mar 1/10 of the Registrar | |
| 2010-03-01 | Order on motion to substitutional service | |
| 2010-03-01 |
Decision on motion for substitutional service, Reg, IT IS ORDERED that a) the Respondent, the Attorney General of Canada, be granted an extension of time to serve the response to the applicant’s application for leave to appeal within 10 days of the date of this order upon the Respondent Donna Mowat; and b) for substituted service by regular mail the response to the applicant’s application for leave to appeal upon the Respondent Donna Mowat by sending a copy by regular lettermail, and that service be effective five (5) days thereafter. Granted |
|
| 2010-02-26 | Submission of motion for substitutional service, Reg | |
| 2010-02-18 | Affidavit, of service re: sending by regular mail on Feb. 10/10 of AG Canada's response to leave and motion to Ms. Mowat | Canadian Human Rights Commission |
| 2010-02-12 | Response to motion for substitutional service, (Letter Form), from Daniel Poulin dated Feb. 12/10, Completed on: 2010-02-12 | Canadian Human Rights Commission |
| 2010-02-12 | Applicant's reply to respondent's argument, (Letter Form), from D. Poulin dated Feb. 12/10 re: will not file a reply (by fax), Completed on: 2010-02-12 | Canadian Human Rights Commission |
| 2010-02-11 | Motion for substitutional service, of the respondent's response to Ms. Mowat by regular mail and that service be effective 5 days thereafter (and for extension of time) (bookform), Completed on: 2010-02-11 | Attorney General of Canada |
| 2010-02-05 | Respondent's response on the application for leave to appeal, (Service missing for Donna Mowat - motion filed Feb. 11/10), Completed on: 2010-02-11 | Attorney General of Canada |
| 2010-02-03 | Response to motion to add or substitute parties, by A.G. Canada, by fax, dated Feb-03-10, Completed on: 2010-02-03 | Attorney General of Canada |
| 2010-01-27 | Motion to add or substitute parties, (bookform) (3 add. copies rec'd Feb. 3/10) (See Amended Notice of Motion pursuant to Rule 47 filed March 18/10), Completed on: 2010-01-27 | Canadian Human Rights Commission |
| 2010-01-07 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2009-12-22 | Book of authorities | Canadian Human Rights Commission |
| 2009-12-22 | Application for leave to appeal, C/A order missing - Rec'd on Jan. 14, 2010, Completed on: 2010-01-15 | Canadian Human Rights Commission |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Canadian Human Rights Commission | Appellant | Active |
| Mowat, Donna | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Bar Association | Intervener | Active |
| Council of Canadians with Disabilities | Intervener | Active |
Counsel
Party: Canadian Human Rights Commission
Counsel
Sheila Osborne-Brown
Daniel Poulin
344 Slater Street
Canada Building, 9th Floor
Ottawa, Ontario
K1A 1E1
Telephone: (613) 943-9162
FAX: (613) 993-3089
Email: philippe.dufresne@chrc-ccdp.ca
Party: Mowat, Donna
Counsel
Bijon Roy
Andrew Astritis
1600 - 220 Laurier Ave West
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 567-2901
FAX: (613) 567-2921
Email: araven@ravenlaw.com
Party: Attorney General of Canada
Counsel
Derek Allen
Peter Southey
Public Law Section, PO Box 36, Exchange Twr.
3400 - 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-0392
FAX: (416) 952-4518
Email: sean.gaudet@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Canadian Bar Association
Counsel
Reidar M. Mogerman
856 Homer Street, Suite 400
Vancouver, British Columbia
V6B 2W5
Telephone: (604) 331-9537
FAX: (604) 689-7554
Email: mbuckley@cfmlawyers.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Council of Canadians with Disabilities
Counsel
David Baker
Meryl Gary
Anne Lévesque
43 Florence Street
Ottawa, Ontario
K2P 0W6
Telephone: (613) 237-4740
FAX: (613) 232-2680
Email: pchamp@champlaw.ca
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Human Rights Tribunal as to the interpretation of paragraph 53(2)(c) of the Canadian Human Rights Act, R.S. 1985, c. H 6 - Whether paragraph 53(2)(c) of the Canadian Human Rights Act permits the Canadian Human Rights Tribunal to award compensation for legal expenses incurred by complainants who are successful in advancing claims of discriminatory treatment in contravention of the Canadian Human Rights Act.
The Appellant Donna Mowat filed a human rights complaint with the Appellant Canadian Human Rights Commission alleging discrimination on the ground of sex, contrary to the provisions of the Canadian Human Rights Act, R.S. 1985, c. H 6 (the “CHRA”). The Canadian Human Rights Tribunal (the “Tribunal”) found that the sexual harassment complaint was substantiated and awarded Ms. Mowat damages for pain and suffering in the amount of $4,000 plus interest. Ms. Mowat also sought compensation for legal expenses. The Tribunal found that it had jurisdiction to award legal costs under subsection 53(2)(c) of the CHRA and awarded Ms. Mowat the amount of $47,000 for legal costs with interest from the date of the decision to the date of payment of the award.
The Respondent Attorney General of Canada applied to the Federal Court for judicial review of the decision of the Tribunal with respect to the Tribunal’s jurisdiction to award legal costs. The Federal Court held that the standard of review of the Tribunal’s decision was reasonableness simpliciter and that the Tribunal’s determination that it had the authority to award costs was reasonable, but quashed the decision as it found that the Tribunal breached the principles of procedural fairness by failing to provide adequate reasons to justify the award of legal costs. The Attorney General of Canada appealed to the Federal Court of Appeal. The Federal Court of Appeal allowed the appeal and set aside the judgment of the Federal Court. It held that the Tribunal has no authority to make an award of costs under the provisions of the CHRA.
Lower court rulings
Federal Court
T-2199-06, 2008 FC 118
Application for judicial review allowed; award of legal costs as an award of expenses under subsection 53(2)(c) of the Act quashed
Federal Court of Appeal
A-89-08, 2009 FCA 309
Appeal allowed: decision of Federal Court set aside; declaration that Tribunal has no authority to make an award of costs
Memorandums of argument on application for leave to appeal
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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