Date: 19991130
Docket: A-601-98
CORAM: ROBERTSON, J.A.
ROTHSTEIN, J.A.
MCDONALD, J.A.
BETWEEN:
| ALI TAHMOURPOUR |
Appellant
| - and - |
| THE MINISTER OF NATIONAL REVENUE |
and THE ATTORNEY GENERAL OF CANADA
Respondents
Heard at Edmonton, Alberta, on Tuesday, November 30th, 1999.
Judgment delivered at Edmonton, Alberta, on Tuesday, November 30th, 1999.
REASONS FOR JUDGMENT BY: ROBERTSON, J.A.
Date: 19991129
Docket: A-601-98
CORAM: ROBERTSON, J.A.
ROTHSTEIN, J.A.
MCDONALD, J.A.
BETWEEN:
ALI TAHMOURPOUR
Appellant
- and -
THE MINISTER OF NATIONAL REVENUE
and THE ATTORNEY GENERAL OF CANADA
Respondents
REASONS FOR JUDGMENT
ROBERTSON, J.A.:
[1] The Motions Judge concluded that there was no basis on which he could set aside the decision of the Canadian Human Rights Commission to dismiss the appellant's complaint that the Department of National Revenue had discriminated against him on the grounds of his "national or ethnic origin and race by failing to provide him with a harassment-free work environment....". We are all of the view that the Motions Judge did not err in dismissing the appellant's application for judicial review. Specifically, it cannot be said that the Commission erred in weighing the evidence and in particular, as it relates to the two of the four incidents in issue. Nor can it be said that the Motions Judge erred in applying the wrong test when evaluating the Commission's decision to dismiss the appellant's complaint. Accordingly the appeal must be dismissed.
"J.T. Robertson"
J.A.
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: A-601-98
STYLE OF CAUSE: Ali Tahmourpour v. The Minister of National
Revenue and The Attorney General of Canada
PLACE OF HEARING: Edmonton, Alberta
DATE OF HEARING: November 29, 1999
REASONS FOR JUDGMENT OF: Robertson, J.A.
DATED: November 29, 1999
APPEARANCES:
Ali Tahmourpour for the Appellant
Lorraine Neill for the Respondents
SOLICITORS OF RECORD:
Appellant in Person for the Appellant
Morris A. Rosenberg, Q.C.
Deputy Attorney General of Canada
Ottawa, Ontario for the Respondents