Kallio v. Canadian Airlines International Ltd.
T-1087-95
McKeown J.
24/5/96
8 pp.
Application for judicial review of CHRC's dismissal of applicants' complaints of discrimination in employment on ground of age-Applicants pilots employed by Canadian Airlines-During mergers, arbitration to determine seniority standing of pilots of merged airlines-Applicants complaining when hired, seniority based on respective ages-As result, where employees share common date of hire, seniority rank based on ages-April 1992, investigator's report recommending conciliator be appointed to attempt settlement-Commission accepting further submissions from Canadian and CALPA with respect to investigator's reports then determining no further proceedings warranted-Applicants seeking judicial review of Commission's decision to dismiss-Settlement reached by agreement whereby applicants would withdraw judicial review applications, certain additional limited submissions would be permitted and complaints would be remitted back to Commission for determination-Additional material filed by applicants-Respondents filing additional material in response to new facts raised by applicants' material-Commission not allowing any further submissions-Commission deciding no further proceedings warranted but not providing reasons-Applicants claiming Commission erred in not appointing conciliator in accordance with recommendations of investigator and breaching applicants' rights to natural justice by failing to provide applicants with reasons for decision-Application dismissed-On preliminary motion by respondents, applicants' grounds for review that not given opportunity to respond to new material facts submitted by respondents dismissed summarily as no evidence to support ground-Settlement agreement precluding applicants from raising question of thoroughness of investigator's report-Decision Commission must make pursuant to Act, s. 44(3) discretionary administrative decision-Commission only required to comply with rules of procedural fairness-On question of whether Commission ought to have provided reasons, decision to dismiss complaint administrative one not requiring reasons-Applicants aware of essence of all submissions upon which Commission made decision.