Danaca Transport Montréal Ltée. v. Syndicat national du transport routier-CSN
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Danaca Transport Montréal Ltée. v. Syndicat national du transport routier-CSN Court (s) Database Federal Court of Appeal Decisions Date 2002-10-23 Neutral citation 2002 FCA 409 File numbers A-612-01 Decision Content Date: 20021023 Docket: A-612-01 Neutral citation: 2002 FCA 409 CORAM: DESJARDINS J.A. NOËL J.A. PELLETIER J.A. BETWEEN: DANACA TRANSPORT MONTRÉAL LTÉE Plaintiff and SYNDICAT NATIONAL DU TRANSPORT ROUTIER - CSN Defendant Hearing held at Montréal, Quebec, on October 23, 2002. Judgment delivered from the bench at Montréal, Quebec, on October 23, 2002. REASONS FOR JUDGMENT OF THE COURT: PELLETIER J.A. CONCURRED IN BY: DESJARDINS J.A. NOËL J.A. Date: 20021023 Docket: A-612-01 Neutral citation: 2002 FCA 409 CORAM: DESJARDINS J.A. NOËL J.A. PELLETIER J.A. BETWEEN: DANACA TRANSPORT MONTRÉAL LTÉE Plaintiff and SYNDICAT NATIONAL DU TRANSPORT ROUTIER - CSN Defendant REASON FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on October 23, 2002.) PELLETIER J.A. [1] Definition of bargaining units is a question which is central to the expertise and powers of the Canada Industrial Relations Board. It follows that the courts must exercise restraint in dealing with such decisions and intervene only when they are patently unreasonable: see Halifax Longshoremen's Assn., Local 269 v. Offshore Logistics Inc., [2000] F.C.J. No. 1155. In the case at bar, there was evidence before the Board on the basis of which it could conclude that a sufficient community of intere…
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Danaca Transport Montréal Ltée. v. Syndicat national du transport routier-CSN Court (s) Database Federal Court of Appeal Decisions Date 2002-10-23 Neutral citation 2002 FCA 409 File numbers A-612-01 Decision Content Date: 20021023 Docket: A-612-01 Neutral citation: 2002 FCA 409 CORAM: DESJARDINS J.A. NOËL J.A. PELLETIER J.A. BETWEEN: DANACA TRANSPORT MONTRÉAL LTÉE Plaintiff and SYNDICAT NATIONAL DU TRANSPORT ROUTIER - CSN Defendant Hearing held at Montréal, Quebec, on October 23, 2002. Judgment delivered from the bench at Montréal, Quebec, on October 23, 2002. REASONS FOR JUDGMENT OF THE COURT: PELLETIER J.A. CONCURRED IN BY: DESJARDINS J.A. NOËL J.A. Date: 20021023 Docket: A-612-01 Neutral citation: 2002 FCA 409 CORAM: DESJARDINS J.A. NOËL J.A. PELLETIER J.A. BETWEEN: DANACA TRANSPORT MONTRÉAL LTÉE Plaintiff and SYNDICAT NATIONAL DU TRANSPORT ROUTIER - CSN Defendant REASON FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on October 23, 2002.) PELLETIER J.A. [1] Definition of bargaining units is a question which is central to the expertise and powers of the Canada Industrial Relations Board. It follows that the courts must exercise restraint in dealing with such decisions and intervene only when they are patently unreasonable: see Halifax Longshoremen's Assn., Local 269 v. Offshore Logistics Inc., [2000] F.C.J. No. 1155. In the case at bar, there was evidence before the Board on the basis of which it could conclude that a sufficient community of interest existed between truck drivers in Ontario and Quebec for them to be included in the same bargaining unit. We therefore consider that the Board's decision was not patently unreasonable and there is no basis for intervention. [2] The application for judicial review will be dismissed with costs. "J.D. Denis Pelletier" Judge Certified true translation Suzanne M. Gauthier, C. Tr., LL.L. FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20021023 Docket: A-612-01 Between: DANACA TRANSPORT MONTRÉAL LTÉE Plaintiff and SYNDICAT NATIONAL DU TRANSPORT ROUTIER - CSN Defendant REASONS FOR JUDGMENT OF THE COURT FEDERAL COURT OF CANADA APPEAL DIVISION SOLICITORS OF RECORD FILE: A-612-01 STYLE OF CAUSE: DANACA TRANSPORT MONTRÉAL LTÉE and SYNDICAT NATIONAL DU TRANSPORT ROUTIER - CSN PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: October 23, 2002 REASONS FOR JUDGMENT OF THE COURT: PELLETIER J.A. CONCURRED IN BY: DESJARDINS J.A. NOËL J.A. DATE OF REASONS: October 23, 2002 APPEARANCES: Normand Drolet FOR THE PLAINTIFF Éric Lévesque FOR THE DEFENDANT SOLICITORS OF RECORD: Flynn, Rivard FOR THE PLAINTIFF Québec, Quebec Sauvé et Roy FOR THE DEFENDANT Montréal, Quebec
Source: decisions.fca-caf.gc.ca