Case information
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41645
Edmonton Regional Airports Authority v. Michel Thibodeau
(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) |
|---|---|---|
| 2025-08-28 | Close file on Leave | |
| 2025-08-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-08-28 | Judgment on leave sent to the parties | |
| 2025-08-28 |
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 2024 FCA 196, A-112-22, dated November 25, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2025-07-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-03-10 |
Applicant's reply to respondent's argument, (Book Form), Missing: - Proof of service (Rec'd 2025-03-11), Completed on: 2025-03-11, (Printed version filed on 2025-03-11) |
Edmonton Regional Airports Authority |
| 2025-02-26 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-02-28) | Michel Thibodeau |
| 2025-02-26 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2025-02-27, (Printed version filed on 2025-02-28) | Michel Thibodeau |
| 2025-01-27 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2025-01-24 | Notice of name, (Letter Form), (Printed version filed on 2025-01-27) | Edmonton Regional Airports Authority |
| 2025-01-24 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-01-27) | Edmonton Regional Airports Authority |
| 2025-01-24 |
Application for leave to appeal, (Book Form), 3 VOLUMES Missing: - Proof of service (Rec'd 2025-01-27), Completed on: 2025-01-27, (Printed version filed on 2025-01-27) |
Edmonton Regional Airports Authority |
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 |
|---|---|---|
| Edmonton Regional Airports Authority | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Thibodeau, Michel | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Association des administrations portuaires canadiennes | Intervener | Active |
Counsel
Party: Edmonton Regional Airports Authority
Counsel
Alexa Biscaro
Florence Méthot
Simon Gollish
500 – 99 Bank Street
Ottawa, Ontario
K1P 6B9
Telephone: (613) 780-1537
FAX: (613) 230-5459
Email: jean-simon.schoenholz@nortonrosefulbright.com
Party: Thibodeau, Michel
Counsel
41 Burnside Dr.
Toronto, Ontario
M6G 2M9
Telephone: (416) 885-1361
FAX: (888) 850-1306
Email: RouleauN@gmail.com
Party: Association des administrations portuaires canadiennes
Counsel
Maritza Woel
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 288-0149
FAX: (613) 688-0271
Email: msandilands@conwaylitigation.ca
Summary
Keywords
Official languages — Violations — Airport authority — Award and determination of damages — Whether step two of analytical framework established in Vancouver (City) v. Ward, 2010 SCC 27, must be applied mutatis mutandis to claims under s. 77(4) of Official Languages Act — Insofar as Official Languages Act provides for robust remedial arena overseen by Commissioner of Official Languages, weight to be given to that arena and to intention of Parliament in analysis of countervailing factors against award of damages — Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.), s. 77(4).
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.
In 2018, the respondent, Mr. Thibodeau, filed complaints with the Commissioner of Official Languages (COL) against the applicant, the Edmonton Regional Airports Authority (ERAA), a designated airport authority pursuant to the Airport Transfer (Miscellaneous Matters) Act, S.C. 1992, c. 5. That authority operates the Edmonton airport, among others. Under that Act, the ERAA is subject to several parts of the Official Languages Act, R.S.C. 1985 c. 31 (4th Supp.) (OLA). Mr. Thibodeau generally alleged in his complaints that a number of the ERAA’s communications were available only in English on various electronic media and that they used only unilingual English slogans in various contexts. Further to an investigation by the COL, the COL found that the complaints were well founded and that consequently, the ERAA had violated several provisions of the OLA. In October 2019, the COL filed his report, in which he made three recommendations that had to be followed within six months from the filing date in order to rectify the violations identified. Further to the filing of the report, Mr. Thibodeau brought an application against the ERAA in the Federal Court under s. 77 of the OLA seeking a declaratory judgment and an award of damages. The Federal Court allowed Mr. Thibodeau’s application and ordered the ERAA to pay him $5,000 as damages. The Federal Court of Appeal dismissed the appeal.
Lower court rulings
Application seeking declaration that Edmonton Regional Airports Authority violated Official Languages Act, R.S.C. 1985 c. 31 (4th Supp.) allowed
Edmonton Regional Airports Authority ordered to pay $5,000 as damages and $3,900 as costs to Mr. Thibodeau
Appeal dismissed
Filed documents
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 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 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
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
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available