Case information
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40338
Amanda Hussey v. Bell Mobility Inc.
(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) |
|---|---|---|
| 2023-06-27 | Close file on Leave | |
| 2023-06-27 | Certificate of taxation issued to, Maryse Tremblay (original by mail and copies by email) | |
| 2023-06-27 | Decision on the bill of costs, in the amount of $1,140.71, Reg | |
| 2023-06-27 | Submission of the bill of costs, Reg | |
| 2023-05-10 | Bill of costs, Completed on: 2023-06-26 | Bell Mobility Inc. |
| 2023-03-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-16 | Judgment on leave sent to the parties | |
| 2023-03-16 |
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-230-20, 2022 FCA 95, dated May 31, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2023-02-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-10-13 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-10-28, (Printed version filed on 2022-10-14) | Amanda Hussey |
| 2022-10-07 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-10-17) | Bell Mobility Inc. |
| 2022-10-07 | Notice of name, (Letter Form), (Printed version due on 2022-10-17) | Bell Mobility Inc. |
| 2022-10-07 | Book of authorities, (Book Form), Completed on: 2022-10-28, (Printed version due on 2022-10-17) | Bell Mobility Inc. |
| 2022-10-07 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-10-07, (Printed version filed on 2022-10-07) | Bell Mobility Inc. |
| 2022-09-08 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022/09/08 | |
| 2022-08-30 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-08-31) | Amanda Hussey |
| 2022-08-30 | Application for leave to appeal, (Book Form), Completed on: 2022-08-30, (Printed version filed on 2022-08-31) | Amanda Hussey |
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 |
|---|---|---|
| Hussey, Amanda | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bell Mobility Inc. | Respondent | Active |
Counsel
Party: Hussey, Amanda
Counsel
300-474 Bathurst Street
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
FAX: (416) 964-5895
Email: smoreau@cavalluzzo.com
Party: Bell Mobility Inc.
Counsel
1000 De La Gauchètiere Street West
Suite 900
Montréal, Quebec
H3B 5H4
Telephone: (514) 879-1212
FAX: (514) 954-1905
Email: mtremblay@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
Employment law — Unjust dismissal — Remedy — Administrative law — Judicial review — Standard of review — Whether particular method of calculating compensation in lieu of reinstatement is required by law — Whether judicial intervention justified by competing approaches to discretionary power.
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 federally-regulated respondent employed the applicant for approximately seven years before terminating her employment based on performance issues without first resorting to progressive discipline.
A Canada Industrial Relations Board adjudicator found that the failure to resort to progressive discipline rendered the applicant’s dismissal unjust. Instead of reinstating the applicant, he awarded her compensation in lieu of reinstatement in the amount of 8 months’ pay in recognition of her length of service, and 4 months’ pay as compensation for her loss of the just cause protection rights she enjoyed under the Canada Labour Code, R.S.C. 1985, c. L-2, consistent with this Court’s decision in Wilson v. Atomic Energy of Canada Ltd., 2016 SCC 59.
The Federal Court dismissed the applicant’s application for judicial review of the compensation award, holding that the Adjudicator’s use of length of service as part of his methodology for assessing compensation was not unreasonable because he included separate compensation for the loss of just cause protection as required by law.
The Federal Court of Appeal dismissed the applicant’s appeal, holding that the Adjudicator was not required by precedent or adjudicative consensus to use a different methodology for calculating the compensation award, and that he adequately explained his choice of methodology over another, competing one.
Lower court rulings
Federal Court
2020 FC 795, T-1055-19, T-1433-19
Applicant’s application for judicial review of quantum of compensation and costs award dismissed. Respondent’s application for judicial review of costs award dismissed.
Federal Court of Appeal
2022 FCA 95, A-230-20
Applicant’s appeal as to quantum of compensation and costs award dismissed. Respondent’s cross-appeal as to costs award 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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