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Wong v. Canada

A-730-96

Isaac C.J.

18/12/97

3 pp.

Appeal from Trial Division decision ([1997] 1 F.C. 193) granting motion for summary judgment-Whether collective agreement providing certain federal public servants in Saskatchewan paid less than those elsewhere in Canada offensive to Charter, s. 15-After finding province of residence not analogous ground of discrimination and appellants' claim purely economic and therefore not protected by Charter, s. 15, Motions Judge concluded appellants' claim did not disclose genuine issue for trial and granted motion for summary judgment-Appeal dismissed-Attack on such decision can succeed only where demonstrated to satisfaction of reviewing Court that motions judge erred in law or in principle or in his appreciation of evidence and that such error affected his decision (Algonquin Mercantile Corp. v. Dart Industries Canada Ltd. (1984), 3 C.P.R. (3d) 143 (F.C.A.)-Appellants have not demonstrated to requisite degree Motions Judge erred in law or in principle or in appreciation of evidence in reaching conclusion-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], s. 15.

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