Nedelec v. Rogers | Canadian Lawyer

13 Jul 2023

Nedelec v. Rogers

Parties: Gary Nedelec and others (Applicants) vs. Eric William Rogers and others (Respondents).
Background: Former Air Canada pilots alleged age discrimination for mandatory retirement at age 60.
Issue: Judicial review of an interlocutory decision by the Canadian Human Rights Tribunal regarding the pilots' complaint.
Court's Decision: The application for judicial review was dismissed as premature.
Outcome: The case highlights the importance of exhausting administrative processes before seeking judicial review.

This case underscores the administrative law principle that generally precludes seeking judicial review of interlocutory administrative decisions unless under exceptional circumstances.

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Applicant

GARY NEDELEC

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

ALEXANDER SAMANEK

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

MICHAEL S. SHEPPARD

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

DOUGLAS GOLDIE

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

GARY BEDBROOK

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

PIERRE GARNEAU

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

JACQUES COUTURE

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

LARRY JAMES LAIDMAN

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

ROBERT BRUCE MACDONALD

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

GORDON A.F. LEHMAN

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

PETER J.G. STIRLING

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

DAVID MALCOM MACDONALD

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

ROBERT WILLIAM JAMES

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

CAMIL GEOFFROY

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

BRIAN CAMPBELL

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

TREVOR DAVID ALLISON

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Independent

Lawyer(s)

Raymond D. Hall

BENOIT GAUTHIER

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

BRUCE LYN FANNING

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

MARC CARPENTIER

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

MARK IRVING DAVIS

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

RAYMOND CALVIN SCOTT JACKSON

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Independent

Lawyer(s)

Raymond D. Hall

JOHN BART ANDERSON

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Independent

Lawyer(s)

Raymond D. Hall

DAVID ALEXANDER FINDLAY

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Independent

Lawyer(s)

Raymond D. Hall

WARREN STANLEY DAVEY

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

KEITH WYLIE HANNAN

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

MICHAEL EDWARD RONAN

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

GILLES DESROCHERS

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

WILLIAM LANCE FRANK DANN

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

JOHN ANDREW CLARKE

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

BRADLEY JAMES ELLIS

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

MICHAEL ENNIS

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Independent

Lawyer(s)

Raymond D. Hall

STANLEY EDWARD JOHNS

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Independent

Lawyer(s)

Raymond D. Hall

THOMAS FREDERICK NOAKES

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Independent

Lawyer(s)

Raymond D. Hall

WILLIAM CHARLES RONAN

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

BARRETT RALPH THORNTON

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

DAVID ALLAN RAMSAY

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

HAROLD GEORGE EDWARD

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

HAROLD GEORGE EDWARD THOMAS

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

MURRAY JAMES KIDD

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

WILLIAM AYRE

Law Firm / Organization

Independent

Lawyer(s)

Raymond D. Hall

Respondent

ERIC WILLIAM ROGERS

Law Firm / Organization

Not specified

ROBERT JAMES MCBRIDE

Law Firm / Organization

Not specified

JOHN CHARLES PINHEIRO

Law Firm / Organization

Not specified

WILLIAM RONALD CLARK

Law Firm / Organization

Not specified

STEPHEN NORMAN COLLIER

Law Firm / Organization

Not specified

CANADIAN HUMAN RIGHTS COMMISSION

Law Firm / Organization

Not specified

AIR CANADA

Law Firm / Organization

Air Canada Center Law Branch

Lawyer(s)

Cristina Toteda

Fred Headon

AIR LINE PILOTS ASSOCIATION, INTERNATIONAL

Law Firm / Organization

Nelligan O'Brien Payne LLP

Lawyer(s)

Malini Vijaykumar

Court

Federal Court

Case Number

T-2200-22

Practice Area

Human rights

Amount

$ 1,000

Winner

Respondent

Trial Start Date

24 October 2022