APPEALS AND JUDICIAL REVIEW - Natural justice - Procedural fairness

Law360 Canada (November 2, 2022, 6:57 AM EDT) -- Application by Kohlenberg for judicial review of a decision by Assistant Deputy Minister (ADM). Kohlenberg was a lawyer with the Department of Justice for more than 26 years. In 2011, the Department of Justice issued new general work descriptions for all lawyers in the practitioners group. Kohlenberg’s position was classified as Legal Advisor with a generic work description. Kohlenberg grieved both the classification and the work description. His grievance was dismissed at all levels. Kohlenberg sought judicial review of a decision by an ADM to dismiss his grievance alleging defamation by a senior labour relations adviser. The ADM dismissed Kohlenberg’s grievance on the ground that it was not brought within the prescribed time period. In the alternative, the ADM found that the allegedly defamatory statements benefited from the defences of qualified privilege and justification. The ADM also found that Kohlenberg’s claim for damages was excessive....
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