- Parties: The appellant was the Canadian Pacific Railway. The respondent was Denis Sauvé.

- Subject Matter: The respondent, who worked for the appellant for over three decades, became a department manager. After an internal investigation, the appellant dismissed the respondent for violating its Discrimination and Harassment Policy and the Canadian Human Rights Act, 1985 based on an allegation that he sexually harassed the complainant, a subordinate employee. The respondent filed an unjust dismissal complaint under s. 240 of the Canada Labour Code, 1985. A labour adjudicator partly allowed the complaint. The appellant unsuccessfully sought judicial review before the Federal Court.

- Ruling: The appeal court ruled in the appellant’s favour, allowed the appeal, set aside the Federal Court’s decision, allowed the judicial review application, and remitted the matter to the same adjudicator if he was available to reconsider it and to another adjudicator if he was unavailable. The appeal court held that the Federal Court wrongly assumed that the investigation report played a significant role in the adjudicator’s decision although the adjudicator’s reasons did not lead to this conclusion. The appeal court noted that the Federal Court recognized the lack of an explicit reference to the report in the adjudicator’s reasons.

- Date: The hearing was set on Feb. 22, 2024. The court released its decision on Oct. 17, 2024.

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

- Amount: The appeal court awarded the appellant costs as calculated under column III of Tariff B.