Date: 20001004
Docket: A-665-98
CORAM: DESJARDINS, J.A.
ROTHSTEIN, J.A.
NOËL, J.A.
BETWEEN:
JERZY RUDOWSKI
Appellant
- and -
HUMAN RESOURCE DEVELOPMENT CANADA
LABOUR BRANCH, CALGARY DISTRICT
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench
at Vancouver on October 2, 2000)
ROTHSTEIN, J.A.
[1] We have come to the conclusion that Mr. Justice Rouleau was correct in dismissing his judicial review application from a decision of an adjudicator under the Canada Labour Code in respect of wage recovery proceedings. On judicial review, the appellant asked the Court to remit the matter to a different adjudicator. However, the appellant's remedy was to proceed to the referee as he was invited to do and to provide whatever evidence he thought necessary to the referee in support of his position. He chose not to do so. The referee, after hearing evidence from the employer, dismissed his wage recovery appeal. The appellant says he did not want to become involved in referee proceedings because he had had a previous bad experience with a different referee. The appellant's past experience does not entitle him to ignore the procedure established under the Canada Labour Code for wage recovery appeals.
[2] The appeal will be dismissed.
(Sgd.) "Marshall Rothstein"
J.A.
October 4, 2000
Vancouver, British Columbia
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| STYLE OF CAUSE: Jerzy Rudowski |
v.
Human Resources Development Canada
Labour Branch, Calgary District
| PLACE OF HEARING: Vancouver, British Columbia |
| DATE OF HEARING: October 2, 2000 |
REASONS FOR JUGMENT BY ROTHSTEIN, J.A.
| CONCURRED IN BY: Desjardins, J.A., |
Noël, J.A.
APPEARANCES:
| Mr. Jerzy Rudowski For the Applicant, on his own behalf |
| Mr. Michael Korbin For the Respondent |
SOLICITORS OF RECORD:
Farris Vaughan, Wills & Murphy
Barristers and Solicitors
| Vancouver, BC For the Respondent |
Date: 20001004
Docket: A-665-98
CORAM: DESJARDINS, J.A.
ROTHSTEIN, J.A.
NOËL, J.A.
BETWEEN:
JERZY RUDOWSKI
Appellant
- and -
HUMAN RESOURCE DEVELOPMENT CANADA
LABOUR BRANCH, CALGARY DISTRICT
Respondent
Heard at Vancouver, BC on October 2, 2000
JUDGMENT delivered orally from the Bench at Vancouver on October 2, 2000 and signed on October 4, 2000
REASONS FOR JUDGMENT BY: ROTHSTEIN, J.A.
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