Canada (Attorney General) v. Lyons
Attorney General of Canada
Louise Lyons
Law Firm / Organization
Laroche Martin Avocat
Lawyer(s)

Ioanna Egarhos

- Parties: The applicant was the Attorney General of Canada. The respondent was Louise Lyons.

- Subject Matter: The respondent was employed as a correctional officer with Correctional Service Canada. The Federal Public Sector Labour Relations and Employment Board allowed the respondent’s grievance on the merits. The Board determined that the termination of her employment was excessive. The Board substituted the termination with a one-month suspension without pay. The applicant did not seek judicial review of the merits decision. Two years after the merits decision, the Board rendered a damages decision. It ordered aggravated damages of $135,000 for psychological harm suffered by the respondent and punitive damages of $75,000 for the denial of the respondent’s right to natural justice and punitive damages of $100,000 for obstruction to the administration of justice. The applicant challenged this damages decision and argued that the aggravated and punitive damage awards were unreasonable.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the judicial review application. The Board’s decision was detailed and thoroughly addressed the evidence and relevant jurisprudence, the appeal court held. The Board’s decision had the hallmark of reasonableness since it was justified, transparent, and intelligible and fell within the range of acceptable outcomes.

- Date: The hearing was set on Feb. 1, 2024. The court released its decision on Feb. 6, 2024.

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

- Costs: The court awarded costs in the all-inclusive amount of $2000.

Federal Court of Appeal
A-277-22
Labour law
$ 310,000
Respondent
21 December 2022