Federal Court of Appeal Decisions

Date: 20000331

Docket: A-643-98

                                        

CORAM:      DÉCARY, J.A.

         ROTHSTEIN, J.A.

         MALONE, J.A.

BETWEEN:

     WILLIAM CONNORS

     Appellant,

     (Applicant)

     - and -

     ATTORNEY GENERAL OF CANADA

     REVENUE CANADA (TAXATION)

     Respondent,

     (Respondent)

     REASONS FOR JUDGMENT

     (Delivered at Winnipeg, Manitoba on March 31, 2000)

MALONE, J.A.

[1]      This is an appeal under section 27 of the Federal Court Act¹ to set aside the order of Campbell J. of the Trial Division dated September 28, 1998. By that order, the appellant"s application for judicial review of a decision of Adjudicator J. Barry Turner dated July 11, 1997 ("the Adjudicator"s Decision") under the Public Service Staff Relations Act ² was dismissed.

[2]      The Adjudicator"s decision denied the appellant"s grievance of his employer"s refusal of his request for early retirement. Mr. Connors applied for judicial review of this decision and sought to have it quashed on the grounds that the Adjudicator erred in law and rendered a patently unreasonable decision.

[3]      Our review of the record clearly indicates that the order of the trial judge must be upheld. The appropriate standard of review of an adjudicator"s decision rendered under the Public Service Staff Relations Act with respect to the interpretation of a collective agreement is whether the decision is patently unreasonable.³

[4]      The evidence at the hearing was that Mr. Connors" job existed on June 23, 1995 and that his position was not in fact declared surplus.

[5]      The Adjudicator was entirely reasonable in concluding that the grievance failed on the evidence before him. The decision of Campbell, J. indicates that he too reviewed this same evidence from the hearing and concluded that the decision of Adjudicator Turner was entirely reasonable.

[6]      The appellant argued before us that the Adjudicator had jurisdiction with respect to the Early Retirement Incentive Programs. The adjudicator here properly found that the programme was not part of the collective agreement which was before him.

[7]      The respondent did not seek costs.

         (Brian Malone)

     J.A.

Date: 20000331

Docket: A-643-98

                                        

CORAM:      DÉCARY, J.A.

         ROTHSTEIN, J.A.

         MALONE, J.A.

BETWEEN:

     WILLIAM CONNORS

     Appellant,

     (Applicant)

     - and -

     ATTORNEY GENERAL OF CANADA

     REVENUE CANADA (TAXATION)

     Respondent,

     (Respondent)

Heard at Winnipeg, Manitoba, on Friday, March 31, 2000.

Judgment rendered from the Bench at Winnipeg, Manitoba, on Friday, March 31, 2000.

REASONS FOR JUDGMENT OF THE COURT BY:      MALONE J.A.

__________________

¹R.S.C. 1985, c. F-7.

²R.S.C. 1985, c. P-35.

³Barry v. Canada (Treasury Board) (1997), 221 N.R. 237 (F.C.A.).