Case information
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35738
Robert Lavigne v. Canadian Human Rights Commission, et al.
(Federal) (Civil) (By Leave)
(Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-08-19 | Close file on Leave | |
| 2014-08-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-08-15 | Judgment on leave sent to the parties | |
| 2014-08-14 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Federal Court of Appeal, Numbers A-429-12 and A-428-12, 2013 FCA 207, dated September 11, 2013 is dismissed without costs. Dismissed, without costs |
|
| 2014-08-14 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2014-06-30 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2014-06-30 | Submission of motion to extend time to file and/ or serve the leave application, CJ Cro Wa | |
| 2014-03-31 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2014-03-31, (Printed version filed on 2014-04-01) | Robert Lavigne |
| 2014-03-24 | Certificate (on limitations to public access), (Letter Form) | Canadian Human Rights Commission |
| 2014-03-24 | Notice of name, (Letter Form) | Canadian Human Rights Commission |
| 2014-03-24 | Respondent's response on the application for leave to appeal, (Book Form), service to come - rec'd March 31, 2014, Completed on: 2014-03-24, (Printed version filed on 2014-03-24) | Canadian Human Rights Commission |
| 2014-03-20 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2014-03-20 | Canadian Union of Postal Workers |
| 2014-02-21 | Letter acknowledging receipt of a complete application for leave to appeal, File opened | |
| 2014-02-19 | Correspondence (sent by the Court) to, Acknowledgment letter | |
| 2014-02-17 | Correspondence received from, (Letter Form), the Applicant, re.: documents submitted | Robert Lavigne |
| 2014-02-17 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2014-02-17, (Electronic version filed on 2014-02-14) | Robert Lavigne |
| 2014-02-17 | Application for leave to appeal, (Book Form), Motion for an extension of time included in the application with 6 sealed envelopes containing exhibit L., Completed on: 2014-02-17, (Electronic version filed on 2014-02-14) | 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
| Name | Role | Status |
|---|---|---|
| Lavigne, Robert | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canadian Human Rights Commission | Respondent | Active |
| Canada Post Corporation | Respondent | Active |
| Canadian Union of Postal Workers | Respondent | Active |
Counsel
Party: Lavigne, Robert
This party is not represented by counsel.
Party: Canadian Human Rights Commission
Counsel
200 René-Lévesque Blvd West, East Tower, 9th floor
Guy-Favreau Complex
Montréal, Quebec
H2Z 1X4
Telephone: (514) 515-8132
FAX: (514) 496-7876
Email: caroline.laverdiere@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Canada Post Corporation
Counsel
2500 - 1, Place Ville-Marie
Montréal, Quebec
H3B 1R1
Telephone: (514) 847-6035
FAX: (514) 286-5474
Email: alexandre.bourbonnais@nortonrose.com
Party: Canadian Union of Postal Workers
Counsel
565, boul. Crémazie Est
Bureau 5400
Montréal, Quebec
H2M 2V6
Telephone: (514) 387-3538 Ext: 2267
FAX: (514) 387-7386
Email: ncharron@plba.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.
Civil procedure – Costs – Legislation – Interpretation – Applicant suffering series of losses in his court proceedings against respondents – Costs in proceedings unpaid – Interim costs sought following new proceedings by applicant – Regulatory criteria for requiring or granting exemption from such security – Whether requiring security contrary to law in force – Whether Prothonotary of Federal Court has power to prevent party from proceeding – Whether Federal Court of Appeal breached duty to provide reasons for its decision – Federal Courts Rules, SOR/98 106, ss. 416(1), 417.
In previous proceedings with the same respondents, a series of awards of costs had been made against the applicant, a former postal worker, by several different courts; the enforcement measures had been largely unsuccessful. In an action for damages brought by the applicant against the respondents, the respondents sought interim costs described as security. The Prothonotary of the Federal Court allowed the respondents’ motion, and that decision was upheld on appeal. In July 2012, the Prothonotary refused to allow the applicant to proceed in the absence of security.
Lower court rulings
Federal Court
T-105-10, 2010 FC 1038
Motions by two respondents for security allowed; applicant’s motion to lift confidentiality of exhibits dismissed
Federal Court of Appeal
2013 FCA 207, A-429-12, A-428-12
Applicant’s appeal from Federal Court’s decision of September 11, 2012 (unreported) affirming Prothonotary’s decision of July 4, 2012 (unreported) dismissing applicant’s action in damages for lack of security 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.
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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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