Date: 20070425
Docket: A-106-06
Citation: 2007 FCA
164
CORAM: DÉCARY J.A.
NADON J.A.
PELLETIER J.A.
BETWEEN:
ANDRÉE
GAGNON
Appellant
and
ATTORNEY
GENERAL OF CANADA
Respondent
Hearing held at Ottawa, Ontario, on April 25, 2007.
Judgment
delivered at Ottawa, Ontario,
on April 25, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY
J.A.
Date: 20070425
Docket: A-106-06
Citation: 2007 FCA 164
CORAM: DÉCARY
J.A.
NADON
J.A.
PELLETIER
J.A.
BETWEEN:
ANDRÉE GAGNON
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered from the bench at Ottawa, Ontario, on April
25, 2007)
DÉCARY J.A.
[1]
We are of
the opinion that Harrington J. (2006 FC 216) was correct in concluding that the
“possible corrective measures” mentioned in the Directive on Recourse in Staffing
issued by the Canada Revenue Agency do not include ordering that a person be
appointed to a position within the Agency. Therefore, the “independent third
party” exceeded its jurisdiction in ordering that the position in question be given
to the appellant.
[2]
The appeal
will be dismissed with costs.
“Robert Décary”
J.A.
Certified
true translation
Michael
Palles
SOLICITORS OF RECORD
DOCKET: A-106-06
APPEAL FROM AN ORDER OF HARRINGTON J. DATED
FEBRUARY 17, 2006.
DOCKET NO. T-2207-04.
STYLE OF CAUSE: Andrée Gagnon v.
Attorney
General of Canada
PLACE OF HEARING: Ottawa
DATE OF HEARING: April 25, 2007
REASONS FOR JUDGMENT OF THE COURT BY: Décary, Nadon & Pelletier JJ.A.
DELIVERED FROM THE BENCH BY: Décary J.A.
APPEARANCES:
|
James Cameron
|
FOR THE APPELLANT
|
|
Alexander
Gay
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Raven, Cameron,
Ballantyne & Yazbeck LLP/s.r.l. Ottawa, Ontario
|
FOR THE
APPELLANT
|
|
John H. Sims
Deputy Attorney General of Canada
Ottawa, Ontario
|
FOR THE
RESPONDENT
|
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