ROBERT LAVIGNE Appellant v. CANADIAN HUMAN RIGHTS COMMISSION, 2011 FCA 333

Federal Court of Appeal Cour d'appel fédérale Date: 20111129 Dockets: A-469-10 A-470-10 Citation: 2011 FCA 333 CORAM: NOËL J.A. PELLETIER J.A. TRUDEL J.A. A-469-10 BETWEEN: ROBERT LAVIGNE Appellant and CANADIAN HUMAN RIGHTS COMMISSION Respondent and CANADA POST CORPORATION Respondent and THE CANADIAN UNION OF POSTAL WORKERS Respondent A-470-10 BETWEEN:

Federal Court of Appeal Cour d'appel fédérale ROBERT LAVIGNE Appellant and CANADA POST CORPORATION Respondent and THE CANADIAN UNION OF POSTAL WORKERS Respondent Heard at Montréal, Quebec , on November 29, 2011. Judgment delivered from the Bench at Montréal , Quebec , on November 29, 2011. REASONS FOR JUDGMENT OF THE COURT BY: TRUDEL J.A. Date: 20111129 Dockets: A-469-10 A-470-10 Citation: 2011 FCA 333 CORAM: NOËL J.A. PELLETIER J.A. TRUDEL J.A. A-469-10 BETWEEN: ROBERT LAVIGNE Appellant and CANADIAN HUMAN RIGHTS COMMISSION Respondent and CANADA POST CORPORATION

Respondent and THE CANADIAN UNION OF POSTAL WORKERS Respondent A-470-10 BETWEEN: ROBERT LAVIGNE Appellant and CANADA POST CORPORATION Respondent and THE CANADIAN UNION OF POSTAL WORKERS Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal , Quebec, on November 29, 2011) TRUDEL J.A. [ 1 ] These are consolidated appeals from orders by Boivin J. from the Federal Court upholding orders by Prothonotary Richard Morneau who granted the respondents’ motions (Canada Post Corporation and The Canadian Union of Postal Workers) for security for costs and dismissed the appellant’s motion regarding the confidentiality of settlement agreements reached between the parties in 2007 and 2008 following the termination of Mr.

Lavigne’s employment at Canada Post . [ 2 ] The only appeal that is properly before us, when regard is had to Rule 416(3), is the one with respect to security for costs. [ 3 ] We are all of the view that Prothonotary Morneau understood and correctly stated the factors to be considered before reaching his conclusion on the motions for security for costs.

On any standard, Boivin J. committed no reviewable error in refusing to intervene. [ 4 ] Therefore, these appeals will be dismissed with costs and a copy of these reasons delivered from the Bench will be filed in file A-470-10 as reasons for judgment. “Johanne Trudel” J.A.

FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-469-10 STYLE OF CAUSE: Robert Lavigne v. Canadian Human Rights Commission and Canada Post Corporation and The Canadian Union of Postal Workers PLACE OF HEARING: Montréal , Quebec DATE OF HEARING: November 29, 2011 REASONS FOR JUDGMENT OF THE COURT BY: (NOËL, PELLETIER, TRUDEL JJ.A.) DELIVERED FROM THE BENCH BY: TRUDEL J.A. APPEARANCES : Robert Lavigne ON HIS OWN BEHALF Charles A. Foucreault FOR THE RESPONDENT CANADA POST CORPORATION Nicolas Charron FOR THE RESPONDENT THE CANADIAN UNION OF POSTAL WORKERS SOLICITORS OF RECORD :

Norton Rose OR LLP Montréal , Quebec FOR THE RESPONDENT CANADA POST CORPORATION Philion, Leblanc, Beaudry, avocats s.a. Montréal, Quebec FOR THE RESPONDENT THE CANADIAN UNION OF POSTAL WORKERS FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-470-10 STYLE OF CAUSE: Robert Lavigne v. Canada Post Corporation and The Canadian Union of Postal Workers PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: November 29, 2011 REASONS FOR JUDGMENT OF THE COURT BY: (NOËL, PELLETIER, TRUDEL JJ.A.) DELIVERED FROM THE BENCH BY: TRUDEL J.A. APPEARANCES : Robert Lavigne ON HIS OWN BEHALF Charles A.

Foucreault FOR THE RESPONDENT CANADA POST CORPORATION Nicolas Charron FOR THE RESPONDENT THE CANADIAN UNION OF POSTAL WORKERS

SOLICITORS OF RECORD : Norton Rose OR LLP Montréal, Quebec FOR THE RESPONDENT CANADA POST CORPORATION Philion, Leblanc, Beaudry avocats s.a. Montréal, Quebec FOR THE RESPONDENT THE CANADIAN UNION OF POSTAL WORKERS