Canadian Union of Postal Workers v. Canada (Attorney General)

Canadian Union of Postal Workers v. Canada (Attorney General)
Court (s) Database
Federal Court of Appeal Decisions
Date
2004-09-21
Neutral citation
2004 FCA 312
File numbers
A-108-04
Decision Content
Date: 20040921
Docket: A-108-04
Citation: 2004 FCA 312
CORAM: ROTHSTEIN J.A.
EVANS J.A.
SHARLOW J.A.
BETWEEN:
CANADIAN UNION OF POSTAL WORKERS
as represented by Mr. Dale Clark, National President
Appellant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Heard at Ottawa, Ontario, on September 21, 2004.
Judgment delivered from the Bench at Ottawa, Ontario, on September 21, 2004.
REASONS FOR JUDGMENT BY: ROTHSTEIN J.A.
Date: 20040921
Docket: A-108-04
Citation: 2004 FCA 312
CORAM: ROTHSTEIN J.A.
EVANS J.A.
SHARLOW J.A.
BETWEEN:
CANADIAN UNION OF POSTAL WORKERS
as represented by Mr. Dale Clark, National President
Appellant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Ottawa, Ontario, on September 21, 2004)
ROTHSTEIN J.A.
[1] We are not satisfied that Hugessen J. made any error that would warrant the intervention of this Court when he granted the Crown's motion for summary judgment.
[2] In so saying, we should not be taken as deciding whether the Financial Administration Act, R.S.C. 1985, c. F-10, applies to the costs referred to in section 15 of the Postal Services Continuation Act, 1997, S.C. 1997, c. 34. However, even if the Financial Administration Act does apply, there was sufficient compliance with section 34 of that Act.
[3] The cost of experts was approved by the arbitrator and Human Resources Development Canada was entitled to treat that approval as evidence of the reasonableness of those costs. Virtually all other costs are reflected in contracts or statements of account submitted to Human Resources Development Canada for payment.
[4] The appeal will be dismissed with costs.
"Marshall Rothstein"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-108-04
STYLE OF CAUSE: CANADIAN UNION OF POSTAL WORKERS
as represented by Mr. Dale Clark, National President
Appellant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: September 21, 2004
REASONS FOR JUDGMENT
OF THE COURT: (Rothstein, Evans, & Sharlow JJ.A.)
DELIVERED FROM
THE BENCH BY: Rothstein J.A.
APPEARANCES
Barbara Nicholls
Damir Karaturovic
FOR THE APPELLANT
Elizabeth Richards
FOR THE RESPONDENT
SOLICITORS OF RECORD
Perley-Robertson, Hill & McDougall
Ottawa, Ontario
FOR THE APPELLANT
Morris Rosenberg
Deputy Attorney General of Canada
FOR THE RESPONDENT