Applicant
Respondent
- Parties: The applicant was Shelley Wepruk. The respondent was the Attorney General of Canada.
- Subject Matter: The applicant worked at Health Canada from 2002–14. After being terminated, the applicant filed a grievance. The Federal Public Sector Labour Relations and Employment Board dismissed the applicant’s grievance and upheld the employer’s termination decision. The applicant filed a judicial review application. Before the appeal court, the applicant moved to exclude an affidavit that the respondent filed and that contained exhibits including the decision under review, interim decisions by the Board, the Board’s decision relating to a separate staffing grievance, the employer’s speaking points for the Board hearing, and exhibits presented to the Board.
- Ruling: The appeal court ruled in the respondent’s favour and dismissed the judicial review application without costs as the respondent withdrew its request for costs. The appeal court disagreed with the applicant’s argument that the affidavit was fresh evidence because the material was not new. The appeal court saw no reviewable error in the Board’s decision, which contained detailed reasons. The appeal court found the Board entitled to reach its conclusion based on the circumstances of the proceeding and based on the open court principle.
- Date: The hearing was set on Mar. 12, 2024. The court released its decision on Mar. 21, 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-204-21Practice Area
Employment lawAmount
$ 0Winner
RespondentTrial Start Date
26 July 2021Download documents