Federal Court |
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Cour fédérale |
PRESENT: The Honourable Mr. Justice Hughes
BETWEEN:
and
REASONS FOR JUDGMENT AND JUDGMENT
[1] This is an application for judicial review of a decision of an Adjudicator respecting a grievance dealing with a collective agreement between the Canadian International Development Agency and the Public Service Alliance of Canada. That agreement has expired.
[2] The grievance was argued on the basis of agreed facts and documents, no factual findings are at issue here. The Applicant’s Counsel submitted that the standard of review applicable to the decision is reasonableness, the Respondent in its Memorandum agrees. The Applicant’s Counsel at the hearing withdrew any argument relating to an issue of “pyramiding” as that issue was not argued before the Adjudicator.
[3] I have reviewed the decision of the Adjudicator, read the Memoranda of Argument filed by both parties and heard the Applicant’s Counsel in oral argument. The Applicant’s argument is the same as issued before the Adjudicator. I find that the Adjudicator’s determination was within the bounds of reasonableness as established by the Supreme Court of Canada in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190. That decision, given the expertise of the Adjudicator in matters such as this, must be given deference.
[4] Accordingly I will dismiss this application with costs to the Respondent which the parties have agreed should be fixed in the sum of $3,500.00
JUDGMENT
For the Reasons herein:
THIS COURT ADJUDGES that:
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-1274-08
STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA v. RAY BURZYNSKI
PLACE OF HEARING: Ottawa, Ontario
REASONS FOR JUDGMENT
APPEARANCES:
Mr. Martin Desmeules |
FOR THE APPLICANT ATTORNEY GENERAL OF CANADA
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Mr. Andrew Raven Mr. Sandy Donaldson |
RAY BURZYNSKI |
SOLICITORS OF RECORD:
Treasury Board Portfolio Legal Services 5th Floor, West Tower 300 Laurier Avenue West L’Esplanade Laurier Ottawa, ON K1A 0R5 Fax: (613) 954-5806
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ATTORNEY GENERAL OF CANADA
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Raven, Cameron, Ballantyne & Yazbeck, LLP/s.r.l. Barristers & Solicitors 1600-220 Laurier Avenue West Ottawa, ON K1P 5Z9 Fax : (613) 567-2921 |
RAY BURZYNSKI |