BETWEEN:
LIEUTENANT-COLONEL R. D. McILROY
and
ATTORNEY GENERAL OF CANADA
Heard at Toronto, Ontario, on December 14, 2011.
Judgment delivered from the Bench at Toronto, Ontario, on December 14, 2011.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20111214
Docket: A-112-11
Citation: 2011 FCA 353
CORAM: NOËL J.A.
DAWSON J.A.
TRUDEL J.A.
BETWEEN:
LIEUTENANT-COLONEL R. D. McILROY
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on December 14, 2011)
[1] Substantially for the reasons given by Simpson J. of the Federal Court, we agree that the Chief of Defence Staff’s decision removing the appellant from command was reasonable.
[2] As to procedural fairness, we agree with Simpson J., for the reasons that she gave, that no meaningful breach was identified.
[3] Finally, it was open to Simpson J. to strike the Alden Affidavit given the nature of its contents.
[4] The appeal will be dismissed with costs to the respondent.
“Marc Noël”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-112-11
APPEAL FROM THE JUDGMENT OF THE HONOURABLE MADAM JUSTICE SIMPSON OF THE FEDERAL COURT DATED FEBRUARY 9, 2011, IN DOCKET NO.
T-369-09.
STYLE OF CAUSE: LIEUTENANT-COLONEL R. D. McILROY v.
ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: December 14, 2011
REASONS FOR JUDGMENT OF
THE COURT BY: (NOËL, DAWSON & TRUDEL JJ.A.)
DELIVERED FROM THE
BENCH BY: NOËL J.A.
APPEARANCES:
|
FOR THE APPELLANT |
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
Barristers & Solicitors Toronto, Ontario
|
FOR THE APPELLANT
|
Deputy Attorney General of Canada Toronto, Ontario |
FOR THE RESPONDENT
|