Appellant
Respondent
Background Facts:
Affan Ashraf, a former employee of Jazz Aviation LP, filed a lawsuit alleging discrimination and wrongful treatment under various statutes, including the Human Rights Code and the Canada Labour Code. His employment was governed by a collective agreement. The Supreme Court of British Columbia had previously dismissed his claims, ruling that the court lacked jurisdiction because the issues arose from the collective agreement, which required arbitration.
Legal Arguments/Issues:
Ashraf appealed the dismissal, arguing that his case involved significant human rights and employment law issues that warranted court intervention. He sought to vary a court order dismissing his appeal as abandoned due to his failure to post security for costs, a prerequisite set by Justice Frankel. Ashraf also requested a reduction in the amount of security required.
The key legal issue was whether the court had jurisdiction over Ashraf’s claims or if they were exclusively within the purview of labor arbitration, as dictated by Weber v. Ontario Hydro.
Rulings:
The Court of Appeal upheld the previous rulings, dismissing Ashraf's application to vary the order. The court found no legal error in Justice Voith's decision to dismiss the appeal for lack of merit and non-compliance with the security for costs order.
Costs:
Ashraf was ordered to pay $1,500 in costs to Jazz Aviation LP. The court declined to award special costs despite acknowledging Ashraf's inappropriate conduct during the proceedings.
Court
Court of Appeals for British ColumbiaCase Number
CA48944Practice Area
Labour lawAmount
$ 1,500Winner
RespondentTrial Start Date
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