A-410-96
| CORAM: STONE, J.A. |
STRAYER, J.A.
MacGUIGAN, J.A.
B E T W E E N:
EDGAR COWIE
Appellant
-and-
CANADA POST CORPORATION
Respondent
-and-
CANADIAN HUMAN RIGHTS COMMISSION
Intervener
HEARD at Toronto, Ontario, Tuesday, September 2, 1997.
JUDGMENT delivered from the Bench at Toronto, Ontario, on Tuesday, September 2, 1997.
REASONS FOR JUDGMENT OF THE COURT BY: STONE, J.A.
A-410-96
| CORAM: STONE, J.A. |
STRAYER, J.A.
MacGUIGAN, J.A.
B E T W E E N:
EDGAR COWIE
Appellant
-and-
CANADA POST CORPORATION
Respondent
-and-
CANADIAN HUMAN RIGHTS COMMISSION
Intervener
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
Tuesday, September 2, 1997)
STONE, J.A.:
We are all of the view that this appeal must be dismissed.
At the same time, it is clear to us from the record that, contrary to the suggestion of the Trial Division, the Commission did not restrict itself to a consideration of "a significant amount of the evidence" which, in our view, would not have met the legal test of materiality. Nothing in the record indicates to us that the Commission failed to take into account all of the material that was before it.
The appeal will be dismissed but in the circumstances without cost.
"A.J. Stone"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: A-410-96
STYLE OF CAUSE: EDGAR COWIE
- and -
CANADA POST CORPORATION
- and -
CANADIAN HUMAN RIGHTS
COMMISSION
DATE OF HEARING: SEPTEMBER 2, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT: STONE, J.A.
Delivered from the Bench at Toronto, Ontario
on Tuesday September 2, 1997
APPEARANCES:
Mr. Edgar Cowie
For the Appellant
Mr. Roy Filion, Mr. Daryn Jeffries
For the Respondent
Ms. Helen Beck
For the Intervener
-2-
SOLICITORS OF RECORD:
Mr. Edgar Cowie
3584 Croatia Drive
Mississauga, Ontario
L5B 3K7
For the Appellant
Filion, Wakely & Thorup
150 King Street West
Suite 2601, Box 32
Toronto, Ontario
M5H 4B6
For the Respondent
Canadian Human Rights Commission
Place de Ville, Tower "A"
320 Queen Street, 15th Floor
Ottawa, Ontario
K1A 1E1
For the Intervener
FEDERAL COURT OF CANADA
Court No.: A-410-96
Between:
EDGAR COWIE
Appellant
- and -
CANADA POST CORPORATION
Respondent
- and -
CANADIAN HUMAN RIGHTS
COMMISSION
Intervener
REASONS FOR JUDGMENT
OF THE COURT