Opaskwayak Cree Nation v. Booth

Opaskwayak Cree Nation v. Booth
Court (s) Database
Federal Court of Appeal Decisions
Date
2010-11-08
Neutral citation
2010 FCA 299
File numbers
A-152-09
Decision Content
Federal Court of Appeal
Cour d'appel fédérale
Date: 20101108
Docket: A-152-09
Citation: 2010 FCA 299
CORAM: EVANS J.A.
SHARLOW J.A.
TRUDEL J.A.
BETWEEN:
OPASKWAYAK CREE NATION
Appellant
and
DEREK A. BOOTH AND BERNICE YOUNG (GENAILLE)
Respondents
Heard at Winnipeg, Manitoba, on November 8, 2010.
Judgment delivered from the Bench at Winnipeg, Manitoba, on November 8, 2010.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW, J.A.
Federal Court of Appeal
Cour d'appel fédérale
Date: 20101108
Docket: A-152-09
Citation: 2010 FCA 299
CORAM: EVANS J.A.
SHARLOW J.A.
TRUDEL J.A.
BETWEEN:
OPASKWAYAK CREE NATION
Appellant
and
DEREK A. BOOTH AND BERNICE YOUNG (GENAILLE)
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Winnipeg, Manitoba, on November 8, 2010)
SHARLOW J.A.
[1] This is an appeal of a decision of Justice Dawson (2009 FC 225) dismissing an application for judicial review of the decision of an adjudicator in relation to a wrongful dismissal complaint by the respondent. The adjudicator found the respondent’s complaint to be well founded and ordered the respondent to be reinstated with pay from the date of the termination of her employment.
[2] Having considered the appellant’s submissions and the record, we find no error of law or any other basis for appellate intervention.
[3] We consider it necessary to consider only two of the grounds of appeal. First, in this Court the appellant stressed that the adjudicator did not put his mind to the question of all of the available statutory remedies following adjudication, and in particular did not consider whether a lesser remedy than reinstatement with full compensation would be appropriate. It is true that the adjudicator did not mention in his reasons the question of whether a remedy other than reinstatement with full compensation would be appropriate. However, we cannot discern from the record whether that point was argued before him. We see no basis in the record for concluding that Justice Dawson should have set aside the adjudicator’s decision on this ground.
[4] Second, the appellant argued that the adjudicator’s decision was fatally flawed by his failure to stop the respondent, who was self represented before the adjudicator, from giving evidence in the course of her closing submissions. On this point, we agree with Justice Dawson that the appellant failed to establish that any material finding of fact made by the adjudicator was not based on evidence properly in the record.
[5] For these reasons, the appeal will be dismissed with costs.
"K. Sharlow"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-152-09
APPEAL FROM AN ORDER OF THE FEDERAL COURT DATED MARCH 4, 2009, DOCKET NO. T-1000-08.
STYLE OF CAUSE: OPASKWAYAK CREE NATION v. DEREK A. BOOTH AND BERNICE YOUNG (GENAILLE)
PLACE OF HEARING: Winnipeg, Manitoba
DATE OF HEARING: November 8, 2010
REASONS FOR JUDGMENT OF THE COURT BY: EVANS, SHARLOW, TRUDEL JJ.A.
DELIVERED FROM THE BENCH BY: Sharlow, J.A.
APPEARANCES:
Sidney Green
FOR THE APPELLANT
Pamela Reilly
FOR THE RESPONDENT, BERNICE YOUNG (GENAILLE)
SOLICITORS OF RECORD:
Sidney Green Q.C.
Winnipeg, Manitoba
FOR THE APPELLANT
Pamela M. Reilly Law Office
Winnipeg, Manitoba
FOR THE RESPONDENT