Gabriel Fono v. Canada Mortgage and Housing Corporation
LF
Law Firm / Organization
Unrepresented
Canada Mortgage and Housing Corporation
Law Firm / Organization
Government
Lawyer(s)

Chris Rootham

- Parties: The applicant was LF. The respondent was the Canada Mortgage and Housing Corporation.

- Subject Matter: LF filed a complaint for unjust dismissal against the Canada Mortgage Housing Corporation (CMHC). A seasoned labour adjudicator appointed under Division XIV of the Canada Labour Code, 1985 allowed LF’s complaint. The adjudicator dismissed LF’s request for reinstatement and set the reasonable notice period at 12 months. The adjudicator awarded LF aggravated damages of $45,000 and partial indemnity costs. Three judicial review applications in Federal Court files T-2060-17, T-2081-17, and T-894-18 challenged the adjudicator’s decision. In T-2060-17, LF argued that the decision not to reinstate him in his position and denying him back pay was unreasonable. In T-894-18, LF argued that the amount of costs granted was unreasonable. In T-2081-17, the CMHC argued that the grant of aggravated damages of $45,000 was unreasonable.

- Ruling: The court ruled in the CMHC’s favour and dismissed LF’s judicial review applications. The court held that the adjudicator’s decision refusing to reinstate the applicant, refusing to grant him back pay, and awarding him $45,000 in aggravated damages was reasonable. The court also found the adjudicator’s decision on costs reasonable. The court concluded that the adjudicator did not breach procedural fairness.

- Date: The hearing was set on Oct. 4, 2023. The court released its decision on Mar. 22, 2024.

- Venue: This was a federal case before the Federal Court.

- Amount: The court awarded the CMHC costs in the amount of $2,000.

Federal Court
T-894-18
Labour law
$ 2,000
Respondent
12 May 2018