Date: 20030129
Docket: A-116-02
Neutral citation: 2003 FCA 48
CORAM: LÉTOURNEAU J.A.
ROTHSTEIN J.A.
EVANS J.A.
BETWEEN:
CANADA CUSTOMS AND REVENUE AGENCY
Appellant
and
PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
PUBLIC SERVICE ALLIANCE OF CANADA
Respondents
Heard at Ottawa, Ontario, on January 29, 2003.
Judgment delivered from the Bench at Ottawa, Ontario, on January 29, 2003.
REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A.
Date: 20030129
Docket: A-116-02
Neutral citation: 2003 FCA 48
CORAM: LÉTOURNEAU J.A.
ROTHSTEIN J.A.
EVANS J.A.
BETWEEN:
CANADA CUSTOMS AND REVENUE AGENCY
Appellant
and
PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
PUBLIC SERVICE ALLIANCE OF CANADA
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario
on January 29, 2003.)
EVANS J.A.
[1] Despite the able argument of counsel, we are not satisfied that the Motions Judge erred in dismissing an appeal from the decision of the Prothonotary to dismiss the motion of Canada Customs and Revenue Agency to strike the respondent unions' application for judicial review.
[2] We would only note that the notice of application for judicial review is extremely broad, especially given that the applicants are seeking a declaration that the Agency's staffing program is invalid in respect of the provisions for recourse for employees. In order to avoid further delays in this matter, it is in the interests of the applicants to provide sufficient details in the notice as will enable the Agency to understand fully the grounds and scope of the application.
[3] The appeal will be dismissed with costs fixed in the sum of $5,000.00.
"John M. Evans"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-116-02
STYLE OF CAUSE: Canada Customs and Revenue Agency v. Professional Institute of the Public Service of Canada et al.
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: January 29, 2003
REASONS FOR JUDGMENT OF THE COURT: (Létourneau, Rothstein & Evans JJ.A.)
RENDERED FROM THE BENCH BY: Evans J.A.
APPEARANCES:
Mr. J. Sanderson Graham FOR THE APPELLANT
Mr. Dougald Brown FOR THE RESPONDENT (PIPSC)
SOLICITORS OF RECORD:
Mr. Morris Rosenberg
Deputy Attorney General of Canada FOR THE APPELLANT
Nelligan O'Brien Payne
Ottawa, Ontario FOR THE RESPONDENT (PIPSC)
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