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The AG argued that the relevant commonplace of evaluate was correctness rather than reasonableness, and that the Federal Court erred in concluding that the CHRT had jurisdiction to award legal costs. The Federal Court of Appeal (per Justices Carolyn Layden-Sevenson, Gilles Létourneau and J. Edgar Sexton) concluded that the CHRT had no jurisdiction to award authorized costs.

The Federal Court of Appeal noted the definitional differences between “bills” and “costs” , and examined case interpretation and provisions of other jurisdictions. In explicit, the court docket famous that the award of “bills” was provided for in Alberta in provisions strikingly much like the CHRA s. 53, and but each of those provinces had a separate provision by which “prices” have been expressly addressed. Thus, the Federal Court of Appeal decided that Parliament did not intend to grant to the CHRT the jurisdiction to award prices. The Attorney General of Canada appealed the Federal Court choice to the Federal Court of Appeal.

Extra Fees And Providers

The CHRT awarded Ms. Mowat $forty seven,000 in legal costs as expenses arising from discrimination underneath the CHRA. Unlike Alberta’s human rights laws, the CHRA does not particularly tackle prices. This means that she or he just isn't provided with legal recommendation and should hire his or her personal lawyer or represent him or herself. Before 1996, authorized representation was provided by the Commission, but not for respondents — it has always been the case that respondents needed to hire their own lawyers for these procedures.