Date: 20040324
Docket: A-306-03
Citation: 2004 FCA 126
CORAM: NOËL J.A.
EVANS J.A.
PELLETIER J.A.
BETWEEN:
GEORGE ANDERSON
Appellant
and
CANADA CUSTOMS AND REVENUE AGENCY
Respondent
Heard at Ottawa, Ontario, on March 24, 2004.
Judgment delivered from the Bench at Ottawa, Ontario, on March 24, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A.
Date: 20040324
Docket: A-306-03
Citation: 2004 FCA 126
CORAM: NOËL J.A.
EVANS J.A.
PELLETIER J.A.
BETWEEN:
GEORGE ANDERSON
Appellant
and
CANADA CUSTOMS AND REVENUE AGENCY
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on March 24, 2004)
EVANS J.A.
[1] We are not persuaded that Dawson J. made any reversible error when she dismissed the appellant's application for judicial review of a decision rendered in respect of the appellant pursuant to the recourse procedure established by the Canada Customs and Revenue Agency. See Anderson v. Canada Customs and Revenue Agency, 2003 FCT 667.
[2] We agree with Dawson J.'s interpretation of the word "recourse" in subsections 55(1) and 100(2) of the Canada Customs and Revenue Agency Act, S.C. 1999, c. 17, and of the other provisions of that Act dealing with the relationship between the Canada Customs and Revenue Agency Act and the Public Service Employment Act, R.S.C. 1985, c. P-33.
[3] We agree also with her conclusion on the content of the duty of fairness in the decision-making context under review in this proceeding and that the duty was not breached.
[4] For these reasons, the appeal will be dismissed with costs.
"John M. Evans"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Appeal from an Order of the Federal Court dated May 29, 2003, Court File No. T-1163-01
DOCKET: A-306-03
STYLE OF CAUSE: George Anderson v. CCRA
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: March 24, 2004
REASONS FOR JUDGMENT OF THE COURT: Noël, Evans and Pelletier JJ.A.
RENDERED FROM THE BENCH BY: Evans J.A.
APPEARANCES:
Mr. Andrew Raven FOR THE APPELLANT
Mr. J. Sanderson Graham FOR THE RESPONDENT
SOLICITORS OF RECORD:
Raven, Allen, Cameron, Ballantyne & Yazbeck LLP
Ottawa, Ontario FOR THE APPELLANT
Mr. Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario FOR THE RESPONDENT
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