Canada (Attorney General) v. Burzynski
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Canada (Attorney General) v. Burzynski Court (s) Database Federal Court Decisions Date 2009-05-20 Neutral citation 2009 FC 522 File numbers T-1274-08 Decision Content Federal Court Cour fédérale Date: 20090520 Docket: T-1274-08 Citation: 2009 FC 522 Ottawa, Ontario, May 20, 2009 PRESENT: The Honourable Mr. Justice Hughes BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and RAY BURZYNSKI Respondent 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, [200…
Full judgment (source text)
Mirrored from decisions.fct-cf.gc.ca — the linked original is authoritative.
Canada (Attorney General) v. Burzynski Court (s) Database Federal Court Decisions Date 2009-05-20 Neutral citation 2009 FC 522 File numbers T-1274-08 Decision Content Federal Court Cour fédérale Date: 20090520 Docket: T-1274-08 Citation: 2009 FC 522 Ottawa, Ontario, May 20, 2009 PRESENT: The Honourable Mr. Justice Hughes BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and RAY BURZYNSKI Respondent 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: The application is dismissed; The Respondent is awarded costs in the sum of $3,500.00 "Roger T. Hughes" Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-1274-08 STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA v. RAY BURZYNSKI PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: May 20, 2009 REASONS FOR JUDGMENT AND JUDGMENT: Hughes, J. DATED: May 20, 2009 APPEARANCES: Mr. Martin Desmeules FOR THE APPLICANT ATTORNEY GENERAL OF CANADA Mr. Andrew Raven Mr. Sandy Donaldson FOR THE RESPONDENT 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 FOR THE APPLICANT ATTORNEY GENERAL OF CANADA Raven, Cameron, Ballantyne & Yazbeck, LLP/s.r.l. Barristers & Solicitors 1600-220 Laurier Avenue West Ottawa, ON K1P 5Z9 Fax : (613) 567-2921 FOR THE RESPONDENT RAY BURZYNSKI
Source: decisions.fct-cf.gc.ca
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