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- Parties: The applicant was Benoît Lachapelle. The respondent was the Attorney General of Canada.
- Subject Matter: On Mar. 8, 2022, following a long administrative process that began in 2018, an appeals officer of the Occupational Health and Safety Tribunal Canada issued a corrective direction of a general nature to resolve a dangerous situation in the applicant’s workplace under s. 146.1(1)(b) of the Canada Labour Code, 1985 (Benoît Lachapelle v Correctional Service Canada, 2022 OHSTC 2). The applicant filed a judicial review application challenging this decision as unreasonable since it failed to provide a specific direction. He alleged that the appeals officer breached his procedural fairness duty and issued a decision that failed to realize his legitimate expectations.
- Ruling: The court ruled in the respondent’s favour and dismissed the judicial review application. The court held that the decision did not breach the procedural fairness principle by failing to comply with the applicant’s legitimate expectations. The court saw no indication of a contravention of the procedural fairness doctrine, as it existed in administrative law. The court added that the applicant failed to show that the decision lacked the hallmarks of reasonableness; lacked the requisite justification, transparency, and intelligibility; or was unjustified in relation to the relevant factual and legal constraints.
- Date: The hearing was set on Sept. 25, 2023. The court released its decision on Dec. 5, 2023.
- Venue: This was a federal case before the Federal Court.
- Amount: The court awarded the respondent costs under r. 407.
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Applicant
Respondent
Court
Federal CourtCase Number
T-725-22Practice Area
Labour & Employment LawAmount
Not specified/UnspecifiedWinner
RespondentTrial Start Date
07 April 2022