Date: 19980324
Docket: T-2212-97
BETWEEN:
GRACE CHISHOLM
Applicant
- and -
THE BANK OF NOVA SCOTIA
Respondent
REASONS FOR ORDER
(Delivered orally from the Bench at Toronto, Ontario
Tuesday, March 24, 1998)
McGILLIS, J.:
[1] Despite the able argument of counsel for the applicant, I have not been persuaded that the factual findings and inferences made by the adjudicator were patently unreasonable on the basis of the evidence. I have also not been persuaded that the adjudicator erroneously placed the burden of proof on the applicant, or that he failed to address the relevant questions in arriving at his decision that the applicant's misconduct constituted just cause for her dismissal from the bank. In the circumstances, my intervention in this matter is not warranted.
[2] The application for judicial review is dismissed.
"D. McGillis"
Judge
Toronto, Ontario
March 24, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: T-2212-97
STYLE OF CAUSE: GRACE CHISHOLM |
- and -
THE BANK OF NOVA SCOTIA |
DATE OF HEARING: MARCH 24, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: McGILLIS, J. |
DATED: MARCH 24, 1998
APPEARANCES:
Mr. Osborne G. Barnwell
For the Applicant
Mr. Christopher G. Riggs, Q.C.
For the Respondent
SOLICITORS OF RECORD:
Ferguson, Barnwell
National Building
347 Bay Street, Suite 502
Toronto, Ontario
M5H 2R7
For the Applicant
Hicks Morley Hamilton
Toronto-Dominion Tower
Box 371, T-D Centre
Toronto, Ontario
M5K 1K8
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980324
Docket: T-2212-97
BETWEEN:
GRACE CHISHOLM |
Applicant
- and -
THE BANK OF NOVA SCOTIA |
Respondent
REASONS FOR ORDER