BETWEEN:
and
Hearing held at Ottawa, Ontario, on April 25, 2007.
Judgment delivered at Ottawa, Ontario, on April 25, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
Date: 20070425
Docket: A-106-06
Citation: 2007 FCA 164
CORAM: DÉCARY J.A.
NADON J.A.
PELLETIER J.A.
BETWEEN:
ANDRÉE GAGNON
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Ottawa, Ontario, on April 25, 2007)
[1] We are of the opinion that Harrington J. (2006 FC 216) was correct in concluding that the “possible corrective measures” mentioned in the Directive on Recourse in Staffing issued by the Canada Revenue Agency do not include ordering that a person be appointed to a position within the Agency. Therefore, the “independent third party” exceeded its jurisdiction in ordering that the position in question be given to the appellant.
[2] The appeal will be dismissed with costs.
“Robert Décary”
J.A.
Certified true translation
Michael Palles
SOLICITORS OF RECORD
DOCKET: A-106-06
APPEAL FROM AN ORDER OF HARRINGTON J. DATED FEBRUARY 17, 2006.
DOCKET NO. T-2207-04.
STYLE OF CAUSE: Andrée Gagnon v.
Attorney General of Canada
DATE OF HEARING: April 25, 2007
REASONS FOR JUDGMENT OF THE COURT BY: Décary, Nadon & Pelletier JJ.A.
DELIVERED FROM THE BENCH BY: Décary J.A.
APPEARANCES:
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FOR THE APPELLANT
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|
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Raven, Cameron, Ballantyne & Yazbeck LLP/s.r.l. Ottawa, Ontario |
FOR THE APPELLANT
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Deputy Attorney General of Canada Ottawa, Ontario |
FOR THE RESPONDENT
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