Applicant
Respondent
- Parties: The applicant was Valérie Fortin. The respondent was the Procureur général du Canada.
- Subject Matter: The applicant’s complaint against her employer, the Correctional Service of Canada, concerned the appointment of a third party to a position in which she was interested. The Federal Public Sector Labour Relations and Employment Board summarily dismissed her complaint. The tribunal found that the applicant filed the complaint after the prescribed time limit and that there were no exceptional circumstances justifying the extension of the time limit, which was a strict deadline. The applicant filed a judicial review application to challenge this decision.
- Ruling: The appeal court ruled in the respondent’s favour and dismissed the application, including all the remedies sought by the applicant. The appeal court held that the tribunal’s decision was reasonable and was not in breach of procedural fairness. In light of the evidence before the tribunal, it was entitled to conclude that the applicant failed to meet the 15-day deadline and to conclude that there were no exceptional circumstances, given the lack of evidence on the link between the applicant’s disability and her failure to meet the deadline, the appeal court explained.
- Date: The hearing was set on Feb. 21, 2024. The court released its decision on Feb. 26, 2024.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: No financial award was specified.
Court
Federal Court of AppealCase Number
A-5-23Practice Area
Employment lawAmount
$ 0Winner
RespondentTrial Start Date
13 January 2023Download documents