Date: 20010116
Docket: A-191-00
CORAM: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
BETWEEN:
GEORGES ASSELIN
Appellant
- and -
ATTORNEY GENERAL OF CANADA
(Minister of Transport)
Respondent
Hearing held at Ottawa on Tuesday, January 16, 2001
Judgment delivered from the bench at Ottawa on Tuesday, January 16, 2001
REASONS FOR JUDGMENT OF THE COURT: ALICE DESJARDINS
Date: 20010116
Docket: A-191-00
CORAM: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
BETWEEN:
GEORGES ASSELIN
Appellant
- and -
ATTORNEY GENERAL OF CANADA
(Minister of Transport)
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench on Tuesday, January 16, 2001)
DESJARDINS J.A.
[1] At the commencement of the hearing, Mr.McGee, on behalf of the appellant, advised us that he agreed with the standard of review adopted by Mr. Justice Pinard (Asselin v. Canada (Minister of Transport), [2000] F.C.J. No 256 (QL) in his review of the decision by the appeal panel of the Civil Aviation Tribunal, namely, the reasonableness simpliciter standard of the decision. We concur completely with that proposition.
[2] Notwithstanding the able argument of Mr.McGee, we are unable to conclude that Pinard J. made any error that warrants our intervention, when he stated at paragraph 13 of his reasons:
In my opinion, taking into account the circumstances, and in particular the factual justification for the Appeal Panel's criticism of the applicant, it was not unreasonable for this tribunal not to limit the application of subsection 801.01(2) of the Regulations to the precise time of the authorization given to the pilot of flight USA 304 and to extend its applicability to the entire period of time necessary for the execution of what had been authorized, that is, the period of time required for the flight USA 304 plane to reach runway 10. And it simply seems reasonable to me to apply a similar interpretation to the Regulations in question, to the effect that they contemplate an authorization that is given for as long as it may usefully be altered or cancelled, in order to prevent a violation of the prescribed separation standards. While I am not necessarily deciding that this is the "correct" interpretation to be given to the provision, the applicable standard of review in this case prevents me from intervening.
[3] The appeal will be dismissed with costs.
Alice Desjardins
J.A.
Certified true translation
Mary Jo Egan, LLB
Docket: A-191-00
OTTAWA, ONTARIO, THE 16th DAY OF JANUARY 2001
CORAM: THE HONOURABLE MADAM JUSTICE DESJARDINS
THE HONOURABLE MR. JUSTICE DÉCARY
THE HONOURABLE MR. JUSTICE NOËL
BETWEEN:
GEORGES ASSELIN
Appellant
- and -
ATTORNEY GENERAL OF CANADA
(Minister of Transport)
Respondent
JUDGMENT
The appeal is dismissed with costs.
Alice Desjardins J.A.
Certified true translation
Mary Jo Egan, LLB
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-191-00
STYLE OF CAUSE: GEORGES ASSELIN
and
ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: OTTAWA, ONTARIO
DATE OF HEARING: JANUARY 16, 2001
REASONS FOR JUDGMENT BY: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
DATED: JANUARY 16, 2001
APPEARANCES:
Sean T. McGee FOR THE APPELLANT
Jan Brongers FOR THE RESPONDENT
SOLICITORS OF RECORD:
Nelligan Power LLP
Ottawa, Ontario FOR THE APPELLANT
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario FOR THE RESPONDENT
Email this Content