Federal Court of Appeal Decisions

Date: 20000509 Docket: A-688-99

PRESENT: THE CHIEF JUSTICE LINDEN J. A. ROBERTSON J. A.

BETWEEN:                                          DEORAJ TEELUCK

Appellant

-and­

HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA as represented by TREASURY BOARD (Solicitor General­Correctional Services Canada)

Respondent

Heard at Fredericton, New Brunswick, Tuesday, May 9, 2000

Judgment delivered at Fredericton, New Brunswick, Tuesday, May 9, 2000

REASONS FOR JUDGMENT BY:                                                                  LINDEN J. A.

Date: 20000509 Docket: A-688-99

CORAM:          THE CHIEF JUSTICE LINDEN J.A. ROBERTSON J.A.

BETWEEN:

DEORAJ TEELUCK

- and -

Appellant

HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA as represented by TREASURY BOARD (Solicitor General­Correctional Services Canada)

Respondent

REASONS FOR JUDGMENT (Delivered from the Bench in Fredericton, NB, on May 9, 2000)

LINDEN, JA

[1]           In our view, the Motions Judge properly dismissed the appellant's application for judicial review of an Adjudicator's decision made under the Public Service Staff Relations Act dated August 20, 1998. In that decision the Adjudicator decided that the applicant was terminated for just cause by Corrections Canada and dismissed the grievance.

Page: 2

[2]         The Motions Judge employed the proper standard of review as set out in decisions of this Court (Barry v. Canada (1997), 221 N.R. 237), that is, patent unreasonableness, which is not disputed. He correctly concluded that the Adjudicator's decision and his rulings on the evidence were not patently unreasonable.

[3]         We, therefore, will dismiss this application with costs.

Allen M. Linden

J.A.

FEDERAL COURT OF CANADA APPEAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:                                       A-688-99

STYLE OF CAUSE:                 DEORAJ TEELUCK

- and -

HER MAJESTY THE QUEEN IN RIGHT OF CANADA (as represented by the TREASURY BOARD)

PLACE OF HEARING:                          Fredericton, New Brunswick

DATE OF HEARING:                            May 9, 2000

REASONS OF JUDGMENT

OF THE COURT:                                 LINDEN J.A.

APPEARANCES: Mr. G. Robert Basque S. Maureen Crocker

for the Appellant

for the Respondent

SOLICITORS OF RECORD:

G. Robert Basque Forbes Roth Basque 95 Foundry Street, P. O. Box 480 Moncton, NB

ElC 8L9

for the Appellant

Morris Rosenberg

Per: S. Maureen Crocker Treasury Board Legal Services Ottawa, ONT            KIA OR5

for the Respondent