Chan v. Canada (Attorney General)

Chan v. Canada (Attorney General)
Court (s) Database
Federal Court of Appeal Decisions
Date
2011-05-03
Neutral citation
2011 FCA 150
File numbers
A-277-10
Decision Content
Federal Court of Appeal
Cour d'appel fédérale
Date: 20110503
Docket: A-277-10
Citation: 2011 FCA 150
CORAM: NOËL J.A.
SHARLOW J.A.
DAWSON J.A.
BETWEEN:
HANSON CHAN, DIANNE CHRISTINE FARKAS,
DAVID CHARLES FREEBORN, GLEN KAWAGUCHI,
DANIAL MAEHARA, THOMAS MAHON,
WILLIAM GERALD MARTIN, and MICHAL STEFAN WALNICKI
Appellants
and
ATTORNEY GENERAL OF CANADA
Respondent
Heard at Ottawa, Ontario, on May 3, 2011.
Judgment delivered from the Bench at Ottawa, Ontario, on May 3, 2011.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Federal Court of Appeal
Cour d'appel fédérale
Date: 20110503
Docket: A-277-10
Citation: 2011 FCA 150
CORAM: NOËL J.A.
SHARLOW J.A.
DAWSON J.A.
BETWEEN:
HANSON CHAN, DIANNE CHRISTINE FARKAS,
DAVID CHARLES FREEBORN, GLEN KAWAGUCHI,
DANIAL MAEHARA, THOMAS MAHON,
WILLIAM GERALD MARTIN, and MICHAL STEFAN WALNICKI
Appellants
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on May 3, 2011)
SHARLOW J.A.
[1] This is an appeal of the judgment of Justice Gauthier dated June 29, 2010 (2010 FC 708) dismissing the application of the appellants for judicial review of a decision of the Public Service Labour Relations Board (2009 PSLRB 86). The decision of the Board relates to two sets of grievances referred to adjudication pursuant to section 92 of the Public Service Staff Relations Act, R.S. 1985, c. P-35. The Board’s decision to dismiss the second set of grievances was the subject of the application for judicial view.
[2] Applying the standard of reasonableness, we are unable to detect a reviewable error in the decision under appeal. Accordingly, despite the able submissions of counsel for the appellants, this appeal will be dismissed with costs.
“K. Sharlow”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-277-10
(APPEAL FROM A JUDGMENT OF THE HONOURABLE MADAM JUSTICE GAUTHIER DATED JUNE 29, 2010, DOCKET NO. T-1352-09)
STYLE OF CAUSE: HANSON CHAN et al v. ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Ottawa
DATE OF HEARING: May 3, 2011
REASONS FOR JUDGMENT OF THE COURT BY: (NOËL, SHARLOW, DAWSON JJ.A.)
DELIVERED FROM THE BENCH BY: SHARLOW J.A.
APPEARANCES:
Andrew Raven
FOR THE APPELLANTS
Richard E. Fader
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Raven, Cameron, Ballantyne & Yazbeck LLP/s.r.l.
Ottawa, Ontario
FOR THE APPELLANTS
Myles J. Kirvan
Deputy Attorney General of Canada
FOR THE RESPONDENT