BETWEEN:
and
Heard at Vancouver, British Columbia, on March 13, 2006.
Judgment delivered from the Bench at Vancouver, British Columbia, on March 13, 2006.
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
Docket: A-660-04
Citation: 2006 FCA 106
CORAM: NADON J.A.
SHARLOW J.A.
PELLETIER J.A.
BETWEEN:
YUL FERNANDO HILL
Appellant
and
AIR CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia, on March 13, 2006)
[1] We have not been persuaded that Mr. Justice Russell erred in the exercise of his discretion in concluding that the Appellant had failed to adequately explain the 18-month delay elapsed between the time he was notified of the decision rendered by the Canadian Human Rights Commission and the time he commenced his judicial review proceedings in the Federal Court.
[2] In our view, it was entirely open to the Motions Judge, on the evidence before him, to conclude as he did.
[3] Notwithstanding the arguments made by both parties regarding the effect of various orders made under the Companies' Creditors Arrangement Act, these orders were not before Russell J. and were therefore irrelevant to the exercise of his discretion.
[4] The appeal will therefore be dismissed but, in the circumstances, without costs.
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-660-04
STYLE OF CAUSE: Yul Fernando Hill v. Air Canada
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: March 13, 2006
REASONS FOR JUDGMENT : Nadon, Sharlow, Pelletier JJ.A.
RENDERED FROM THE BENCH BY: Nadon, JA
DATED: March 13, 2006
APPEARANCES:
Ms. Clea F. Partiff FOR THE APPELLANT
Mr. Paul Fairweather FOR THE RESPONDENT
SOLICITORS OF RECORD:
Solicitor FOR THE APPELLANT
Vancouver, British Columbia
Fasken Martineau DuMoulin FOR THE RESPONDENT
Vancouver, British Columbia