Comstock v. Canada (Treasury Board)
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Comstock v. Canada (Treasury Board) Court (s) Database Federal Court of Appeal Decisions Date 2008-05-28 Neutral citation 2008 FCA 197 File numbers A-216-07 Decision Content Date: 20080528 Docket: A-216-07 Citation: 2008 FCA 197 CORAM: LINDEN J.A. NADON J.A. SEXTON J.A. BETWEEN: SUSAN COMSTOCK Appellant and TREASURY BOARD OF CANADA and PUBLIC SERVICE ALLIANCE OF CANADA Respondent Heard at Toronto, Ontario, on May 28, 2008. Judgment delivered from the Bench at Toronto, Ontario, on May 28, 2008. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20080528 Docket: A-216-07 Citation: 2008 FCA 197 CORAM: LINDEN J.A. NADON J.A. SEXTON J.A. BETWEEN: SUSAN COMSTOCK Appellant and TREASURY BOARD OF CANADA and PUBLIC SERVICE ALLIANCE OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on May 28, 2008) NADON J.A. [1] While we are respectful of the deeply held religious convictions of the appellant, we all agree that there is no basis upon which we should interfere with Justice Gibson’s decision pursuant to which he upheld the Canadian Human Rights Commission’s decision that it was without jurisdiction to entertain the two (2) complaints filed by the appellant. [2] In so concluding, we express no view with regard to the meaning of clause 11.04 of the collective agreement nor as to whether Treasury Board’s interpretation of that clause was correct. [3] The appeal will therefore be dismissed, but in the circumstances without costs. “M. Na…
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Comstock v. Canada (Treasury Board) Court (s) Database Federal Court of Appeal Decisions Date 2008-05-28 Neutral citation 2008 FCA 197 File numbers A-216-07 Decision Content Date: 20080528 Docket: A-216-07 Citation: 2008 FCA 197 CORAM: LINDEN J.A. NADON J.A. SEXTON J.A. BETWEEN: SUSAN COMSTOCK Appellant and TREASURY BOARD OF CANADA and PUBLIC SERVICE ALLIANCE OF CANADA Respondent Heard at Toronto, Ontario, on May 28, 2008. Judgment delivered from the Bench at Toronto, Ontario, on May 28, 2008. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20080528 Docket: A-216-07 Citation: 2008 FCA 197 CORAM: LINDEN J.A. NADON J.A. SEXTON J.A. BETWEEN: SUSAN COMSTOCK Appellant and TREASURY BOARD OF CANADA and PUBLIC SERVICE ALLIANCE OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on May 28, 2008) NADON J.A. [1] While we are respectful of the deeply held religious convictions of the appellant, we all agree that there is no basis upon which we should interfere with Justice Gibson’s decision pursuant to which he upheld the Canadian Human Rights Commission’s decision that it was without jurisdiction to entertain the two (2) complaints filed by the appellant. [2] In so concluding, we express no view with regard to the meaning of clause 11.04 of the collective agreement nor as to whether Treasury Board’s interpretation of that clause was correct. [3] The appeal will therefore be dismissed, but in the circumstances without costs. “M. Nadon” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-216-07 (AN APPEAL FROM THE ORDER OF THE HONOURABLE MR. JUSTICE FREDERICK E. GIBSON, DATED MARCH 30, 2007, WHEREBY TWO DECISIONS OF THE CANADIAN HUMAN RIGHTS COMMISSION, DATED FEBRUARY 3, 2006, WERE DISMISSED, IN FEDERAL COURT FILE DOCKET NO. T-381-06.) STYLE OF CAUSE: SUSAN COMSTOCK v. TREASURY BOARD OF CANADA and PUBLIC SERVICE ALLIANCE OF CANADA PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: MAY 28, 2008 REASONS FOR JUDGMENT OF THE COURT BY: (LINDEN, NADON & SEXTON JJ.A.) DELIVERED FROM THE BENCH BY: NADON J.A. DATED: MAY 28, 2008 APPEARANCES: PHILIP H. HORGAN DOMINIC NICASSIO FOR THE APPELLANT GILLIAN PATTERSON JAMES GORHAM ANDREW RAVEN FOR THE RESPONDENT (Treasury Board) FOR THE RESPONDENT (PSAC) SOLICITORS OF RECORD: PHILIP HORGAN LAW OFFICE TORONTO, ONTARIO FOR THE APPELLANT JOHN H. SIMS, Q.C. DEPUTY ATTORNEY GENERAL OF CANADA OTTAWA, ONTARIO RAVEN, CAMERON, BALLANTYNE & YAZBECK BARRISTERS & SOLICITORS OTTAWA, ONTARIO FOR THE RESPONDENT (Treasury Board) FOR THE RESPONDENT (PSAC)
Source: decisions.fca-caf.gc.ca