Case information
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33670
Canadian Human Rights Commission v. Canada Post Corporation, et al.
(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) |
|---|---|---|
| 2011-12-15 | Transcript received, (83 pages) | |
| 2011-11-22 | Appeal closed | |
| 2011-11-21 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2011-11-21 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2011-11-17 |
Judgment on the appeal rendered, CJ LeB De F Abe Ro Cro Mo Ka, The appeals from the judgments of the Federal Court of Appeal, Numbers A-129-08, A-130-08 and A-139-08, 2010 FCA 56, dated February 22, 2010, were heard this day and the following judgment was rendered orally: THE CHIEF JUSTICE — I turn first to the appeals on the merits of the case (33668 and 33670). We all agree with the dissenting reasons of Evans J.A., which comprehensively address the issues on these appeals. We would allow these appeals, with costs to Public Service Alliance of Canada in this Court and below. Allowed, with costs |
|
| 2011-11-17 |
Hearing of the appeal, 2011-11-17, CJ LeB De F Abe Ro Cro Mo Ka Judgment rendered |
|
| 2011-11-17 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2011-11-17 | Respondent's condensed book, Filed in Court | Canada Post Corporation |
| 2011-11-17 | Appellant's condensed book, Filed in Court | Canadian Human Rights Commission |
| 2011-11-16 | Correspondence received from, Andrew Raven rec'd by fax re: allocation of oral arguments | Public Service Alliance of Canada |
| 2011-11-02 | Notice of appearance, Peter A. Gall, Q.C., Robert Grant, Donald R. Munroe, Q.C., and Joana Thackeray will be appearing | Canada Post Corporation |
| 2011-11-02 | Notice of appearance, Philippe Dufresne and Daniel Poulin will be appearing | Canadian Human Rights Commission |
| 2011-11-02 | Notice of appearance, Andrew Raven, James Cameron, David Yazbeck and Andrew Astritis will be appearing, Mr. Cameron and Mr. Yazbeck will be addressing the Court. | Public Service Alliance of Canada |
| 2011-08-29 | Notice of hearing sent to parties | |
| 2011-07-22 |
Appeal hearing scheduled, 2011-11-17, (Heard with 33668-33669) (start time 9:30am) Judgment rendered |
|
| 2011-06-30 | Respondent's book of authorities, Joint with 33668 & 33669 (2 volumes), Completed on: 2011-06-30 | Canada Post Corporation |
| 2011-06-30 | Respondent's record, Joint with 33668 & 33669 (4 volumes), Completed on: 2011-06-30 | Canada Post Corporation |
| 2011-06-30 | Respondent's factum, Joint with 33668 & 33669, Completed on: 2011-06-30 | Canada Post Corporation |
| 2011-06-16 | Appeal perfected for hearing | |
| 2011-04-21 | Appellant's book of authorities, Completed on: 2011-04-21 | Canadian Human Rights Commission |
| 2011-04-21 | Appellant's record, (4 volumes), Completed on: 2011-04-21 | Canadian Human Rights Commission |
| 2011-04-21 | Appellant's factum, Completed on: 2011-04-21 | Canadian Human Rights Commission |
| 2011-04-08 | Order on motion to directions, (BY ROTHSTEIN J.) | |
| 2011-04-08 |
Decision on motion for directions, (joint with 33668-669), Ro, UPON APPLICATION by Canada Post Corporation for directions regarding the filing of the material in the above mentioned appeals; AND UPON the Court requesting submissions from the parties justifying factums in excess of 40 pages as proposed in the order for directions sought from the Court; AND UPON this appeal being from one decision of the Federal Court of Appeal; AND UPON the Court receiving and considering submissions from the parties on the issue of factum length; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: (1) The factums of each of the parties in the three appeals, file numbers 33668, 33669 and 33670, shall not exceed 50 pages in total. (2) Where two or more parties positions’ on an issue are identical or similar, the parties are to endeavour to avoid duplication (3) The appellant Public Service Alliance of Canada may serve and file a joint appellant’s record, a joint factum and a joint book of authorities in files 33668 and 33670 on or before April 26, 2011. (4) The appellant Canadian Human Rights Commission Canada may serve and file its appellant’s record, factum and book of authorities in file 33670 on or before April 26, 2011. (5) The appellant Public Service Alliance of Canada may serve and file its appellant’s record if any, factum and book of authorities in file 33669 on or before May 13, 2011. (6) The respondent Canada Post Corporation may serve and file a single respondent’s record, factum and book of authorities, or may serve and file a joint respondent’s record, a joint factum and a joint book of authorities in files 33668, 33669 and 33670 no later than ten weeks from the date on which it is served with the materials of any appellant. (7) The respondent Canadian Human Rights Commission may serve and file a single respondent’s record, factum and book of authorities, or may serve and file a joint respondent’s record, joint factum and joint book of authorities in files 33668 and 33669 no later than ten weeks from the date on which it is served with the materials of any appellant. (8) All documents filed electronically in the Federal Court of Appeal under its order dated June 4, 2008 in its files A-129-08, A-130-08 and A-139-08 may be filed electronically in this Honourable Court. (9) The present order is without prejudice to the right of an appellant in files 33668, 33669 or 33670 to move for leave to file a reply factum Allowed in part |
|
| 2011-04-08 | Submission of motion for directions, Ro | |
| 2011-03-22 | Response to motion for directions, (Letter Form), from Daniel Poulin dated March 22/11 (joint with 33668-669), Completed on: 2011-03-22 | Canadian Human Rights Commission |
| 2011-03-18 | Response to motion for directions, (Letter Form), from Andrew Astritis dated March 18/11 (joint with 33668-669), Completed on: 2011-03-18 | Public Service Alliance of Canada |
| 2011-02-25 | Correspondence received from, Thomas E.F. Brady dated Feb. 24/11 re arrangement with respect to oral argument for hearing the appeals (joint with 33668-670) | Canada Post Corporation |
| 2011-02-25 |
Motion for directions, to file a single joint appellant's and respondents' records, a single joint appellant's and respondents' factum in 33668 and 33670 etc (bookform) (joint with 33668-669) (AMENDED motion rec'd March 28/11) , Completed on: 2011-02-25 |
Canada Post Corporation |
| 2011-02-23 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2011-01-13 | Notice of appeal, Completed on: 2011-01-13 | Canadian Human Rights Commission |
| 2010-12-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-12-17 | Judgment on leave sent to the parties | |
| 2010-12-16 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-139-08, 2010 FCA 56, dated February 22, 2010, is granted with costs in the cause. The appeal is to be heard with the appeals Public Service Alliance of Canada v. Canada Post Corporation and Canadian Human Rights Commission (33668) and Public Service Alliance of Canada v. Canada Post Corporation and Canadian Human Rights Commission (33669). Granted, with costs in the cause |
|
| 2010-11-15 | All materials on application for leave submitted to the Judges, CJ Abe Cro | |
| 2010-05-21 | Book of authorities, Joint with 33668 | Canada Post Corporation |
| 2010-05-21 | Respondent's response on the application for leave to appeal, Joint with 33668, Completed on: 2010-05-21 | Canada Post Corporation |
| 2010-05-10 | Correspondence received from, David Yazbeck, dated May 10-10, by fax, Re: joint consent to related applications for leave | Public Service Alliance of Canada |
| 2010-05-10 | Correspondence received from, Philippe Dufresne, dated May 10-10, by fax, Re: joint consent to other related applications | Canadian Human Rights Commission |
| 2010-04-26 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2010-04-23 | Application for leave to appeal, (2 volumes), Completed on: 2010-04-23 | 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 |
v.
| Name | Role | Status |
|---|---|---|
| Canada Post Corporation | Respondent | Active |
| Public Service Alliance of Canada | Respondent | Active |
Counsel
Party: Canadian Human Rights Commission
Counsel
Daniel Poulin
Fiona Keith
344, rue Slater
Ottawa, Ontario
K1A 1E1
Telephone: (613) 943-9162
FAX: (613) 993-3089
Email: philippe.dufresne@chrc-ccdp.ca
Party: Canada Post Corporation
Counsel
Robert Grant
Donald R. Munroe, Q.C.
2200 - 1055 Hastings Street West
Vancouver, British Columbia
V6E 2E9
Telephone: (604) 891-1152
FAX: (866) 287-6553
Email: PGall@Heenan.ca
Agent
300 - 55 Metcalfe Street
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-1668
FAX: (613) 236-9632
Party: Public Service Alliance of Canada
Counsel
James Cameron
Kim Patenaude
Andrew Astritis
1600 - 220 Laurier Avenue West
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 567-2901
FAX: (613) 567-2921
Email: dyazbeck@ravenlaw.com
Summary
Keywords
None.
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.
Judicial review – Human rights – Wage parity – Complainant and comparator groups – Tribunal finding pay inequity – Finding overturned on judicial review - Whether courts below used wrong standard of review – Whether Tribunal’s choice of comparator group unreasonable – Whether Tribunal applied correct standard of proof in finding work of equal value – Whether Tribunal committed reviewable error in finding group paid less for work of equal value – Circumstances in which reviewing court can substitute its decision for that of specialized tribunal.
The Public Service Alliance of Canada filed a complaint against Canada Post Corporation in 1983 alleging wage discrimination against employees in a predominantly female group in comparison to that received by a male-dominated group. The Canadian Human Rights Commission began a lengthy process for determining work of equal value, amended it in mid-stream and finally determined that a wage difference existed. It referred the complaint to the Canadian Human Rights Tribunal which found the work being compared to be reasonably reliable, “albeit at the lower reasonably reliable sub-band level”. Its decision was set aside on judicial review and the complaint was referred back to the Tribunal with the direction that it be dismissed as not being substantiated according to the legal standard of proof.
Lower court rulings
Federal Court
2008 FC 223, T-1750-05,T-1989-05
Tribunal\s decision set aside and complaint referred back to Tribunal with direction that it be dismissed as not substantiated according to legal standard of proof
Federal Court of Appeal
A-139-08, 2010 FCA 56
Appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted 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 the memorandum by filing 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 memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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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.
Downloadable PDFs
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