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Case information

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31043

Robert Lavigne v. Office of the Commissioner of Official Languages, et al.

(Federal) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2006-03-06 Close file on Leave
2006-03-06 Certificate of taxation issued to, C. Bureau, A.G. Canada (Montréal)
2006-03-03 Decision on the bill of costs, taxed at the amount of $1,052.46, DeRg
2006-02-17 Submission of the bill of costs, DeRg
2006-02-06 Bill of costs, Completed on: 2006-02-06 Office of the Commissioner of Official Languages
2005-12-16 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2005-12-16 Judgment on leave sent to the parties
2005-12-15 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-577-04, 2005 FCA 210, dated June 3, 2005, is dismissed with costs to the respondents Human Resources Development (formerly Health and Welfare Canada) and Her Majesty the Queen.

Dismissed, with costs
2005-11-28 All materials on application for leave submitted to the Judges, Ma F Abe
2005-09-13 Applicant's reply to respondent's argument, (Letter Form), (by fax - original rec'd Sept. 16/05), Completed on: 2005-09-13 Robert Lavigne
2005-09-12 Respondent's response on the application for leave to appeal, Completed on: 2005-09-12 Office of the Commissioner of Official Languages
2005-09-09 Respondent's response on the application for leave to appeal, Completed on: 2005-09-09 Human Resources Development (formerly Health and Welfare Canada)
2005-08-22 Letter acknowledging receipt of a complete application for leave to appeal
2005-08-15 Application for leave to appeal, (2 volumes), Completed on: 2005-08-15 Robert Lavigne

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

Main parties - Appellants
Name Role Status
Lavigne, Robert Applicant Active

v.

Main parties - Respondents
Name Role Status
Office of the Commissioner of Official Languages Respondent Active
Human Resources Development (formerly Health and Welfare Canada) Respondent Active
Her Majesty the Queen Respondent Active

Counsel

Party: Lavigne, Robert

This party is not represented by counsel.

Party: Office of the Commissioner of Official Languages

Counsel
Amélie Lavictoire
Office of the Commissioner of Official Languages
344 Slater Street, 3rd Floor
Ottawa, Ontario
K1A 0T8
Telephone: (613) 995-4130
FAX: (613) 996-9671

Party: Human Resources Development (formerly Health and Welfare Canada)

Counsel
Carole Bureau
Pauline Leroux
Procureur général du Canada
Complexe Guy-Favreau - 5e étage
200, boul. René-Lévesque Ouest
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-8770
FAX: (514) 283-3856
Email: Carole.Bureau@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
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: Her Majesty the Queen

Counsel
Carole Bureau
Pauline Leroux
Procureur général du Canada
Complexe Guy-Favreau - 5e étage
200, boul. René-Lévesque Ouest
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-8770
FAX: (514) 283-3856
Email: Carole.Bureau@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
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

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.

The Applicant brought a claim in the Federal Court under the Official Languages Act against the Respondent Employer, the Human Resources Development. Part of the relief sought was damages of $120,000 and his reinstatement in his position. These were not granted. The Respondent Commissioner of Official Languages had investigated the circumstances but that information was not disclosed to the Applicant. After the initial claim was disposed of, this Court ordered the disclosure of the personal information in the Commissioner’s files to the Applicant [2002 CSC 53]. The Applicant sought to reopen the claim under the Official Languages Act having regard to the new information. The prothonotary struck out his action with no right to amend on the basis that the action was res judicata. The Applicant’s subsequent appeals were dismissed.

Lower court rulings

October 1, 2004
Federal Court of Canada, Trial Division

T-2291-03, 2004 FC 1359

Appeal dismissed

June 3, 2005
Federal Court of Appeal

A-577-04, 2005 FCA 210

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

Not available

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

Not available

Webcasts

Not available.

Date modified: 2025-02-27