Canadian Pacific Ltd. v. Fortin
A-356-96
Strayer J.A.
27/5/98
8 pp.
Appeal from F.C.T.D. decision ((1996), 116 F.T.R. 225) setting aside decision of Canadian Human Rights Commission, referring matter back to Commission for reconsideration-Respondent employed by appellant since 1957-In late 1992, appellant commenced investigation into irregularities in respondent's expense accounts, accounting practices-In March 1993, respondent informed appellant that alcoholic, requested treatment through company's Employee Assistance Program-Appellant company refused, dismissed respondent on April 23, 1993-Respondent filed complaint with Commission alleging fired due to discrimination based on disability, namely alcoholism-Commission dismissing complaint as allegation of discrimination unfounded-Issuing second decision 5 months later to same effect-Motions Judge allowing respondent's application for judicial review, stating Commission "simply abdicated responsibility"-Not invoking principle of functus officio when he said reconsideration by Commission "too little and too late"-Crux of decision under appeal Motions Judge's conclusion Commission had failed to consider material before it-No general principle of law tribunal has to give reasons for decision-Case where inference must be drawn Commission simply ignored important material before it-Decision subject to being set aside under Federal Court Act, s. 18.1(4)(d)-Appeal dismissed-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5).