17 May 2023

Yves Mayrand c. Procureur Général Du Canada

Firms involved

Not specified, Ministère de la Justice - Canada

Applicant

YVES MAYRAND
Law Firm
Not specified

Respondent

PROCUREUR GÉNÉRAL DU CANADA
Law Firm
Ministère de la Justice - Canada
Lawyer(s)

Marc Séguin

  • Individual & Entity: Mr. Yves Mayrand is appealing against the Canada Revenue Agency (the Employer).
  • Decision Under Review: The Commission on Labor Relations and Employment in the Federal Public Sector rejected Mayrand's nine grievances, particularly focusing on his placement on sick leave and dismissal.
  • Hearing Details: The Commission held hearings for 6 days, hearing 5 witnesses and collecting substantial documentary evidence. A detailed 343-paragraph decision was made, rejecting all grievances.
  • Discrimination Case: The Commission acknowledged Mayrand's prima facie case of discrimination based on disability under section 7 of the Canadian Human Rights Act. However, the Commission concluded there was no unlawful discrimination as the employer's actions were due to valid professional requirements.
  • Evidence & Court Proceedings: Mayrand submitted an affidavit in Court which had new information not presented to the Commission. Court can consider them for context. Mayrand's Argument: Mayrand asserts the employer didn't provide adequate accommodations, like Antidote software and a specific workspace.
  • Reasonableness Standard: The Commission's decision was reviewed under the reasonableness standard (reference: Vavilov, 2019). The burden is on Mayrand to prove unreasonableness.
  • Employer's Measures: For eight years, the employer took various accommodation measures for Mayrand, including software, workspace modifications, and task adjustments, but they were unsuccessful.
  • Commission's Stance: It's reasonable for the Commission to believe the employer couldn’t further accommodate Mayrand without undue hardship.
  • Final Court View: The Court believes the Commission's decision is reasonable and won't reassess the evidence.
  • Outcome: The application for judicial review was dismissed without costs.

Court

Federal Court of Appeal

Case Number

A-100-22

Practice Area

Labour & Employment Law

Amount

Winner

Respondent

Trial Start Date

04 May 2022

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