Date: 20040617
Docket: A-259-03
Citation: 2004 FCA 237
CORAM: RICHARD C.J.
DÉCARYJ.A.
NOËL J.A.
BETWEEN:
DIANE L'ÉCUYER
Plaintiff (appellant)
and
AÉROPORTS DE MONTRÉAL
Defendant (respondent)
and
PRIVACY COMMISSIONER OF CANADA
Intervener
Hearing held at Montréal, Quebec, on June 17, 2004.
Judgment delivered from the bench at Montréal, Quebec, on June 17, 2004.
REASONS FOR JUDGMENT OF THE COURT: DÉCARY J.A.
Date: 20040617
Docket: A-259-03
Citation: 2004 FCA 237
DÉCARY J.A.
NOËL J.A.
BETWEEN:
DIANE L'ÉCUYER
Plaintiff (appellant)
and
AÉROPORTS DE MONTRÉAL
Defendant (respondent)
and
PRIVACY COMMISSIONER OF CANADA
Intervener
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec, on June 17, 2004.)
DÉCARYJ.A.
[1] Pinard J. was of the opinion that the Privacy Commissioner of Canada and, accordingly, the Federal Court, did not have jurisdiction to hear the appellant's claim for relief under section 14 of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5). In his view, it was rather the grievance adjudicator who had that jurisdiction.
[2] That said, Pinard J. thought it nonetheless appropriate to examine the merits of the complaint and he determined that it was unfounded.
[3] He first determined that the appellant had consented, at least implicitly, to the disclosure of the letter dated February 8, 2001, to the union representatives. He then determined that in this particular case the employer (the respondent) had the duty to disclose its reply to the access to information request to the union.
[4] We could not find any palpable or overriding error in these findings. This is sufficient for us to dismiss the appeal without requiring us to decide on the issue of jurisdiction.
[5] The appeal is therefore dismissed, without costs under the circumstances.
"Robert Décary"
J.A.
Certified true translation
Kelley A. Harvey, BA, BCL, LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-259-03
STYLE OF CAUSE: DIANE L'ÉCUYER
Plaintiff (appellant)
and
AÉROPORTS DE MONTRÉAL
Defendant (respondent)
and
PRIVACY COMMISSIONER OF CANADA
Intervener
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: June 17, 2004
REASONS FOR JUDGMENT OF THE COURT: (RICHARD C.J., DÉCARY, NOËL JJ.A.)
DELIVERED FROM THE BENCH BY: DÉCARY J.A.
APPEARANCES:
|
Diane l'Écuyer (representing herself) |
FOR THE APPELLANT |
|
Lukasz Granosik |
FOR THE RESPONDENT |
|
Annie G. Berthiaume/Sean McGee |
FOR THE INTERVENER |
SOLICITORS OF RECORD:
|
Diane l'Écuyer Verdun, Quebec
|
FOR THE APPELLANT |
|
Ogilvy Renault Montréal, Quebec |
FOR THE RESPONDENT |
|
Nelligan O'Brien Payne Ottawa, Ontario |
FOR THE INTERVENER |