Date: 20000316
Docket: A-563-98
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
Najib Antoine Jabre
Appellant
AND:
Middle East Airlines (Air Liban)
Respondent
AND:
André Dugas, in his capacity as an adjudicator appointed under section 242
of the Canada Labour Code, R.S.C., 1985, c. L-2
Third party
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec,
on Thursday, March 16, 2000)
LÉTOURNEAU J.A.
[1] Despite his counsel"s efforts, the appellant has not shown that Mr. Justice Teitelbaum
Page: 2
made an error in the case at bar which would justify our intervention.1 Like Mr. Justice Teitelbaum, we are unable to find that the adjudicator"s decision was patently unreasonable and unsupported by the evidence.
[2] Moreover, upon reviewing the evidence in the record, we have concluded that contrary to what the appellant claims, the adjudicator did not refuse to hear three of the six witnesses the appellant wanted to testify. Counsel representing the appellant at adjudication consented to filing a written summary of what would have been the testimony of one of the witnesses. As for the other two witnesses, he said that he was willing to accept admissions from the respondent and file them with the adjudicator. It is impossible in these circumstances to find that there was a breach of the audi alteram partem rule.
[3] Concerning the appellant"s argument that there was a reasonable apprehension of bias owing to the adjudicator and counsel for the respondent"s alleged ties to the same law office three years earlier, we are satisfied that the judge properly instructed himself on the law regarding the applicable standard in this type of case and that a reasonable person, well-informed of the facts and source of the supposed reasonable apprehension of bias, would have concluded that it was non-existent.
Page: 3
[4] For these reasons, the appeal will be dismissed with costs.
Gilles Létourneau
J.A.
Certified true translation
Peter Douglas
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20000316
Docket: A-563-98
Between:
NAJIB ANTOINE JABRE
Appellant
AND
MIDDLE EAST AIRLINES (AIR LIBAN)
Respondent
- and -
André Dugas, in his capacity as an adjudicator
appointed under section 242 of the Canada Labour
Code, R.S.C., 1985, c. L-2
Third party
REASONS FOR JUDGMENT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| STYLE OF CAUSE: NAJIB ANTOINE JABRE |
Appellant
AND
MIDDLE EAST AIRLINES (AIR LIBAN)
- and -
André Dugas, in his capacity as an adjudicator appointed
under section 242 of the Canada Labour Code,
R.S.C., 1985, c. L-2
Third party
| PLACE OF HEARING: MONTRÉAL, QUEBEC |
| DATE OF HEARING: March 16, 2000 |
REASONS FOR JUDGMENT OF LÉTOURNEAU J.A.
APPEARANCES:
| Henri Nahabedian for the appellant |
| Gilbert Poliquin for the respondent |
SOLICITORS OF RECORD:
| CHAHWAN & NAHABEDIAN for the appellant |
Montréal, Quebec
| Gilbert Poliquin for the respondent |
Montréal, Quebec
Date: 20000316
Docket: A-563-98
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
Najib Antoine Jabre
Appellant
AND:
Middle East Airlines (Air Liban)
Respondent
AND:
André Dugas, in his capacity as an adjudicator appointed
under section 242 of the Canada Labour Code,
R.S.C., 1985, c. L-2
Third party
Hearing held at Montréal, Quebec, on Thursday, March 16, 2000
Judgment delivered from the bench at Montréal, Quebec, on Thursday, March 16, 2000
| REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A. |
__________________
1 (1998), 151 F.T.R. 218.
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