Olmstead v. Canada ( Attorney General )
T-126-98
Gibson J.
22/10/99
11 pp.
Application for summary judgment under rr. 213 to 219 on ground no genuine issue for trial-Relief requested dismissal of action with costs-Plaintiff employed in Canadian forces-Action initiated in December 1986 as result of plaintiff's impending mandatory retirement from CF under Queen's Regulations and Orders for Canadian Forces (QR&O)-In June of 1990, plaintiff, defendant concluding settlement of all of plaintiff's claims in action commenced in December 1986-Plaintiff re-enrolled in CF in accordance with settlement-In June 1994, CF provided notice to plaintiff latter would be released from service effective July 6, 1995, day before 56th birthday-On October 28, 1994, plaintiff filed complaint with Canadian Human Rights Commission (CHRC) alleging discrimination on basis of age, contrary to Canadian Human Rights Act, s. 7-Complaint dismissed by CHRC-For motion for summary judgment to succeed, Court must be convinced case ought not to proceed to trial as no genuine issue to be tried-Issue whether case so doubtful not deserving consideration by trier of fact at future trial-Plaintiff released in July 1995 from service with CF pursuant to contract voluntarily entered into by him, not pursuant to QR&O-Action disclosing no genuine issue for trial-Release at end of term contract of employment not amounting to termination of employment by reason of prohibited ground of discrimination under Canadian Human Rights Act or under Canadian Charter of Rights and Freedoms-Application for summary judgment granted, action dismissed-Federal Court Rules, 1998, SOR/98-106, rr. 213, 214, 215, 216, 217, 218, 219-Queen's Regulations and Orders for the Canadian Forces (1994 Revision)-Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 7-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act, 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44].