- Parties: The appellant was Dale Kohlenberg. The respondent was the Attorney General of Canada.

- Subject Matter: The appellant, a lawyer with the Department of Justice, grieved a work description provided by management on the grounds that it did not accurately reflect the work that he did or was expected to do. Assistant Deputy Minister Elisabeth Eid dismissed his grievance seeking damages for defamation by a senior labour relations advisor. Eid held that the grievance was untimely because the appellant failed to file it within the applicable time limits and that, even if the appellant could prove that the statements were defamatory, the respondent established defences to escape liability. The Federal Court dismissed the appellant’s judicial review application challenging Eid’s decision.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal. The appeal court found the decision that the respondent established defences to the appellant’s defamation claim reasonable, given that Eid reasonably decided the respondent established that the “disciplined for behaviours” statement was substantially true and that the “did not meet” statement occurred on an occasion of qualified privilege. The appeal court said that it need not consider the appellant’s arguments on the timeliness issue.

- Date: The hearing was set on May 29, 2024. The court released its decision on June 28, 2024.

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

- Amount: The appeal court awarded the respondent costs fixed in the amount of $2,500.