Chan v. Canada (Attorney General), 2011 FCA 150

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.

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”

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:

SOLICITORS OF RECORD: