Tuquabo v. Canada (Attorney General)

Tuquabo v. Canada (Attorney General)
Court (s) Database
Federal Court of Appeal Decisions
Date
2008-12-11
Neutral citation
2008 FCA 387
File numbers
A-213-08
Decision Content
Date: 20081211
Docket: A-213-08
Citation: 2008 FCA 387
CORAM: RICHARD C.J.
DESJARDINS J.A.
NOËL J.A.
BETWEEN:
DAWIT TUQUABO
Appellant
and
ATTORNEY GENERAL OF CANADA
CANADA REVENUE AGENCY
Respondent
Heard at Ottawa, Ontario, on December 9, 2008.
Judgment delivered at Ottawa, Ontario, on December 11, 2008.
REASONS FOR JUDGMENT BY: NOËL J.A.
CONCURRED IN BY: RICHARD C.J.
DESJARDINS J.A.
Date: 20081211
Docket: A-213-08
Citation: 2008 FCA 387
CORAM: RICHARD C.J.
DESJARDINS J.A.
NOËL J.A.
BETWEEN:
DAWIT TUQUABO
Appellant
and
ATTORNEY GENERAL OF CANADA
CANADA REVENUE AGENCY
Respondent
REASONS FOR JUDGMENT
NOËL J.A.
[1] This is an appeal from a decision of Heneghan J. of the Federal Court (the Applications Judge) denying the appellant’s judicial review application of a decision of an Adjudicator pursuant to the Public Service Labour Relations Act, S.C. 2003, c. 22, being Part I of the Public Service Modernization Act, S.C. 2003, c. 22.
[2] By that decision, the Adjudicator held that a letter written by the appellant to the Commissioner of the Canada Revenue Agency asking that he investigate “abuse of power” by his supervisors could not be construed as a grievance and that consequently, he lacked jurisdiction to proceed with the adjudication of the appellant’s complaint.
[3] Applying a standard of reasonableness, the Applications Judge refused to interfere with the Adjudicator’s decision. In the course of her reasons, she explains why the decision was reasonable and addresses the various arguments advanced by the appellant in support of his application.
[4] The appellant takes issue with the standard of review applied by the Applications Judge and reiterates the arguments which were considered and dismissed by her. Having reviewed her decision, I am satisfied that she applied the appropriate standard of review and properly answered each of these arguments.
[5] I would dismiss the appeal with costs.
“Marc Noël”
J.A.
“I agree.
J. Richard C.J.”
“I concur.
Aline Desjardins J.A.”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-213-08
(APPEAL FROM A JUDGMENT OF THE HONOURABLE JUSTICE HENEGHAN DATED APRIL 30, 2008, NO. T-520-07.)
STYLE OF CAUSE: DAWIT TUQUABO AND ATTORNEY GENERAL OF CANADA AND CANADA REVENUE AGENCY
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: December 9, 2008
REASONS FOR JUDGMENT BY: Noël J.A.
CONCURRED IN BY: Richard C.J.
Desjardins J.A.
DATED: December 11, 2008
APPEARANCES:
Dawit Tuquabo
ON HIS OWN BEHALF
Simon Kamel
FOR THE RESPONDENT
SOLICITORS OF RECORD:
John H. Sims Q.C.
Deputy Attorney General of Canada
FOR THE RESPONDENT