2023 QCCQ 512, 2023 QCCQ 512

Kamouna c. Commission des droits de la personne et des droits de la jeunesse 2023 QCCQ 512 COURT OF QUEBEC Small Claims Division Judge in Chambers CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL TOWN OF MONTRÉAL Civil Division No: 500-32-715581-213 DATE: February 20, 2023 ______________________________________________________________________ BY THE HONOURABLE MAGALI LEWIS ______________________________________________________________________ NIZAR KAMOUNA Plaintiff v.

COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE and ROUMIANA JETCHEVA Defendants ______________________________________________________________________ JUDGMENT ORDERING REOPENING OF THE TRIAL ______________________________________________________________________ [ 1 ] On July 7, 2017, Nizar Kamouna filed a complaint with the Commission des droits de la personne et des droits de la jeunesse (CDPDJ) against his former employer, GE Renewable Energy Canada Inc. (GE), and Procom Québec Inc. (Procom) the latter he described as being GE’s payroll administrator (the Complaint). [ 2 ] The Complaint was also directed against former coworkers, Dmitry Cherepanov whom Mr.

Kamouna identified as having acted as head of contracts; Michael Clain, identified as having acted as project manager; and Elena Regal-Zeiger identified as having acted as senior project manager. [ 3 ] In his Complaint, Mr. Kamouna alleged that he was discriminated against by his former employers and coworkers in violation of his rights guaranteed by the Charter of Rights and Freedom [1] (the Charter ). [ 4 ] On June 6, 2018, Roumiana Jetcheva, who was acting as Evaluation Adviser for the CDPDJ in connection with Mr.

Kamouna’s Complaint, wrote to him that she would recommend to the CDPDJ that it ceased acting in his file because her team considered that the conditions required to investigate were not met. [ 5 ] On August 23, 2019, the CDPDJ adopted Resolution CP-740.1 that it signed on May 2, 2019, by which it ceased acting on behalf of Mr. Kamouna. In support of its decision, the CDPDJ determined that: − The evidence gathered did not establish a link between Mr. Kamouna’s former employers’ and two his coworkers’ (Dmitry Cherepanov and Michael Clain) alleged actions, and a prohibited ground of discrimination under

section 10 of the Charter . − The discriminatory comments of which Mr. Kamouna claims to have been a victim are vigorously contested by the individuals that he identified as being their authors. − The difficulties that Mr. Kamouna experienced in the course of his employment fall within the spectrum of difficult labour relations. [ 6 ] In the present case, Mr. Kamouna is suing both the CDPDJ and Ms. Jetcheva in damages, on the ground that they failed to investigate his Complaint against Ms. Elena Regal-Zeiger. He considers that by refusing to investigate his claim against Ms. Regal Zeiger, both the CDPDJ Ms.

Jetcheva acted in bad faith and discriminated against him on the basis of his race, colour, national and/or ethnic origin and his religion. [ 7 ] He claims $4,000 from the CDPDJ and Ms. Jetcheva severally, the amount he alleges he would have recovered from Ms. Regal- Zeiger had the CDPDJ investigated his Complaint against her. [ 8 ] On September 6 and December 19, 2022, the CDPDJ and Ms. Jetcheva presented a motion to dismiss Mr. Kamouna’s claim in application of

article 168 of the Code of Civil Procedure [2] and

article 68 of the Charter . The Court took CDPDJ’s motion under advisement after the hearing of December 19, 2022.

[ 9 ] During the deliberations, the Court became aware that Nizar Kamouna brought five (5) claims before this Court in connection with the facts giving rise to his Complaint to the CDPDJ, either directly or through a government agency: [ 10 ] In each of the three actions brought before the Small Claims Division of this Court, Mr. Kamouna claims $15,000 from GE and Procom, for a total of $45,000, the files bearing numbers 500-32-712256-207; 500-32-712257-205 and 500-32-712782-202. [ 11 ] In file bearing number 500-32-712782-202, Mr.

Kamouna claims moral damages from GE and Procom for having breached his rights guaranteed by the Charter . [ 12 ] The Commission des normes, de l’Équité, de la Santé et de la Sécurité du Travail (CNESST) has also filed two claims before the Civil Division of the Court against GE, in the files bearing numbers 500-22-256450-191 and 500-22-247915-187, Procom being called in warranty in both files. [ 13 ] In those files, the CNESST raises the issue of the duration of Mr. Kamouna’s employment as well as the issue of the existence of an employment relationship between Mr. Kamouna, GE and/or Procom.

Yet, in the present case Mr. Kamouna is blaming the CDPDJ and Ms. Jetcheva for having accepted GE’s contention that his employment ended on June 16, 2017. [ 14 ] In light of the foregoing, the Tribunal wishes for the parties to address the issues of lis pendens , division of claims and/or stay of hearing before deciding on the CDPDJ’s motion to dismiss.

WHEREFORE, THE COURT: [ 15 ] THE UNDERSIGNED REMAINS SEIZED of the Commission des droits de la personne et des droits de la jeunesse’s motion to dismiss. [ 16 ] ORDERS the Reopening of the debates to allow the parties to address the issue of the impact of the actions brought by Nizar Kamouna and the CNESST’s claims in the files bearing numbers: - 500-32-712256-207 - 500-22-256450-191 and - 500-32-712257-205 - 500-22-247915-187 - 500-32-712782-202 [ 17 ] REQUESTS the Clerk of the Court of the Small Claims Division, to contact the parties to set a date for the continuation of the hearing of the Commission des droits de la personne et des droits de la jeunesse’s motion to dismiss for one (1) hour before the undersigned in accordance with her assignments to the Small Claims Division. [ 18 ] REMOVES the file from the deliberations. __________________________________ MAGALI LEWIS, J.C.Q.

Mr. Nizar Kamouna Plaintiff Mr. Antoine Tousignant, Bar intern for Commission des droits de la personne et des droits de la jeunesse and Roumiana Jetcheva Defendants Dates of hearing: September 6 and December 19, 2022