Alain Préfontaine

The Court allowed the appeal in part in a labour grievance over mandatory after-hour standby duties for federal immigration lawyers.

The majority held the adjudicator reasonably found the directive was not a fair and reasonable exercise of management rights under the collective agreement, so that portion of the adjudicator’s order was restored.

However, the Court agreed the directive did not infringe section 7 liberty interests, because the impacts on personal time did not engage fundamental personal choices protected by the Charter.

The defendants brought a motion for a further and better affidavit of documents, seeking the plaintiff's complete corporate tax returns and financial statements from 2006 to 2012.

The underlying action involved claims for breach of contract and lost opportunity related to two government requests for proposals.

The court found the request for tax returns overbroad and irrelevant, as the plaintiff was not claiming general lost income.

However, the court ordered the production of corporate records relating to the distribution of shares to individuals who worked on the proposals, as the plaintiff claimed it paid workers in shares due to lost profits.

Success being divided, no costs were ordered.

Following the abandonment of a motion for leave to file evidence responding to a motion to strike portions of a statement of claim, the court determined the appropriate costs award.

The underlying action alleged defamation and abuse of public office.

The moving party argued that its motion became unnecessary after the opposing party abandoned a ground asserting the truth of the impugned statements.

The court held the motion for leave was a reasonable response to the position originally taken, but rejected the request for substantial indemnity costs as excessive.

Costs were awarded on a partial indemnity basis and reduced after review of the bill of costs.