Applicant
Respondent
- Parties: The applicant was Ehsan Zabihiseasan. The respondent was the Attorney General of Canada.
- Subject Matter: The Canadian Armed Forces, through General Wayne Eyre as Chief of the Defence Staff, upheld the applicant’s release from the Canadian Armed Forces under category 5(f) of the Queen’s Regulations and Orders as the result of an alleged sexual assault leading to an administrative review and a subsequent sexual harassment complaint leading to a second and distinct investigation. The applicant filed a grievance of his dismissal up to the Final Authority, which upheld his dismissal. The applicant sought judicial review of the Final Authority’s decision.
- Ruling: The court ruled in the respondent’s favour and dismissed the judicial review application. The court found the Final Authority’s decision reasonable based on the parties’ evidence and arguments throughout the proceedings, including the harassment investigation, the administrative review, the grievance process, and this judicial review. The court held that the decision to release the applicant from the Canadian Armed Forces was one of the “possible, acceptable outcomes which are defensible in respect of the facts and law”. The court saw no breach of procedural fairness or reasonable apprehension of bias.
- Date: The hearing was set on Feb. 22, 2023. The court released its decision on Aug. 18, 2023.
- Venue: This was a federal case before the Federal Court.
- Amount: The court awarded costs to the respondent in accordance with the middle of column III of Tariff B.
Court
Federal CourtCase Number
T-1401-22Practice Area
Employment lawAmount
$ 0Winner
RespondentTrial Start Date
06 July 2022Download documents