Federal Court of Appeal Decisions

Decision Information

Maritime Employers Association v. Lonshoremen’s Union, Local 375 (Canadian Union of Public Employees)

Court (s) Database Federal Court of Appeal Decisions
Date 2020-01-29
Neutral citation 2020 FCA 29
File numbers A-295-19

Decision Content

Date: 20200129


Docket: A‑295‑19

Citation: 2020 FCA 29

[ENGLISH TRANSLATION]

CORAM:

PELLETIER J.A.

BOIVIN J.A.

GLEASON J.A.

 

BETWEEN:

 

 

MARITIME EMPLOYERS ASSOCIATION

MONTREAL PORT AUTHORITY

SHIPPING FEDERATION OF CANADA

 

 

Applicants

 

 

and

 

 

LONGSHOREMEN’S UNION, LOCAL 375 OF THE CANADIAN UNION OF PUBLIC EMPLOYEES

INTERNATIONAL LONGSHOREMEN’S ASSOCIATION

CHAMBRE DE COMMERCE DE L’EST DE MONTRÉAL

CONSEIL DU PATRONAT DU QUÉBEC

FÉDÉRATION DES CHAMBRES DE COMMERCE DU QUÉBEC

 

 

 

Respondents

 

Heard at Ottawa ,  Ontario , on January 29, 2020.

Judgment delivered at Ottawa , Ontario , on January 29, 2020.

REASONS FOR JUDGMENT OF THE COURT BY:

BOIVIN J.A.


Date: 20200129


Docket: A‑295‑19

Citation: 2020 FCA 29

CORAM:

PELLETIER J.A.

BOIVIN J.A.

GLEASON J.A.

 

 

BETWEEN:

 

 

MARITIME EMPLOYERS ASSOCIATION

MONTREAL PORT AUTHORITY

SHIPPING FEDERATION OF CANADA

 

 

Applicants

 

 

and

 

 

LONGSHOREMEN’S UNION, LOCAL 375 OF THE CANADIAN UNION OF PUBLIC EMPLOYEES

INTERNATIONAL LONGSHOREMEN’S ASSOCIATION

CHAMBRE DE COMMERCE DE L’EST DE MONTRÉAL

CONSEIL DU PATRONAT DU QUÉBEC

FÉDÉRATION DES CHAMBRES DE COMMERCE DU QUÉBEC

 

 

 

Respondents

 

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Ottawa , Ontario , on January 29, 2020.)

BOIVIN J.A.

[1] This is an application for judicial review of a decision rendered by the Canada Industrial Relations Board (the Board) on August 21, 2019 (2019 CIRB 909).

[2] By that decision, the Board dismissed the applicants’ application for recusal of a Board member, namely, Gaétan Ménard, who was on the panel dealing with the underlying application respecting the maintenance of essential activities.

[3] The applicants submit that the Board erred in that [translation] “the cumulative effect” of member Ménard’s comments, actions and omissions gave rise to a reasonable apprehension of bias.

[4] We are unanimously of the opinion that the Board did not err in its reasoned decision, as it examined the issued raised and, more specifically, the comments and actions alleged in the case under consideration.

[5] Firstly, the Board correctly stated that the burden of demonstrating an apprehension of bias on the part of a member of the Board panel is on the party who alleges that apprehension of bias, that is, the applicants, as members of a quasi‑judicial administrative tribunal are presumed to be impartial. Secondly, the Board also properly directed itself in law in applying the test to establish a reasonable apprehension of bias as propounded in Committee for Justice and Liberty et al. v. National Energy Board et al., [1978] 1 S.C.R. 369 at pages 394–395.

[6] As the Board stated, although member Ménard’s conduct during the hearing was regrettable, we are also of the opinion that the conduct complained of in this case does not support a finding of reasonable apprehension of bias, for substantially the same reasons. That being said, we must add that member Ménard’s conduct, which included constantly whispering and leaning on his chair while disinterestedly staring out the window, is unacceptable. This conduct in no way sets an example of decorum and professionalism for a Board hearing.

[7] The application for judicial review will therefore be dismissed, with costs.

“Richard Boivin”

J.A.

Certified true translation

François Brunet, Revisor


FEDERAL COURT OF APPEAL

COUNSEL OF RECORD


DOCKET:

A‑295‑19

 

 

STYLE OF CAUSE:

MARITIME EMPLOYERS ASSOCIATION, and MONTREAL PORT AUTHORITY, and SHIPPING FEDERATION OF CANADA v. LONSHOREMEN’S UNION, LOCAL 375 OF THE CANADIAN UNION OF PUBLIC EMPLOYEES, and INTERNATIONAL LONGSHOREMEN’S ASSOCIATION, and CHAMBRE DE COMMERCE DE L’EST DE MONTRÉAL, and CONSEIL DU PATRONAT DU QUÉBEC, and FÉDÉRATION DES CHAMBRES DE COMMERCE DU QUÉBEC

 

 

PLACE OF HEARING:

Ottawa , Ontario

 

DATE OF HEARING:

January 29, 2020

 

REASONS FOR JUDGMENT OF THE COURT BY:

PELLETIER J.A.

BOIVIN J.A.

GLEASON J.A.

 

DELIVERED FROM THE BENCH BY:

BOIVIN J.A.

 

APPEARANCES:

Nicola Di Iorio

Mélanie Sauriol

Geneviève Beaudin

 

FOR THE APPLICANT

MARITIME EMPLOYERS ASSOCIATION

 

Michel Brisebois

Georges Samoisette Fournier

FOR THE APPLICANT

MONTREAL PORT AUTHORITY

Jean‑Denis Boucher

 

FOR THE APPLICANT

SHIPPING FEDERATION OF CANADA

 

Marie‑Christine Morin

Jacques Lamoureux

 

FOR THE RESPONDENT

LONGSHOREMEN’S UNION, LOCAL 375 OF THE CANADIAN UNION OF PUBLIC EMPLOYEES

 

Dominic Caron

 

FOR THE RESPONDENT

INTERNATIONAL LONGSHOREMEN’S ASSOCIATION

COUNSEL OF RECORD:

BCF LLP

Montreal , Quebec

 

FOR THE APPLICANTS

MARITIME EMPLOYERS ASSOCIATION and

MONTREAL PORT AUTHORITY

 

Robinson Sheppard Shapiro L.L.P

Montreal , Quebec

 

FOR THE APPLICANT

SHIPPING FEDERATION OF CANADA

 

Lamoureux Morin avocats inc.

Longueuil, Quebec

 

FOR THE RESPONDENT

LONGSHOREMEN’S UNION, LOCAL 375 OF THE CANADIAN UNION OF PUBLIC EMPLOYEES

 

Pink Larkin

Montreal , Quebec

 

FOR THE RESPONDENT

INTERNATIONAL LONGSHOREMEN’S ASSOCIATION

 

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