Date: 19980216
Docket: A-817-96
CORAM: THE CHIEF JUSTICE
LINDEN J.A.
MCDONALD J.A.
BETWEEN:
ANTHONY O'BRIAN SIMPSON
Applicant
- and -
CANADA LABOUR RELATIONS BOARD and
THE ASSOCIATION OF POSTAL OFFICIALS OF CANADA
Respondents
Heard at Toronto, Ontario, Monday the 16th day of February, 1998
Judgment delivered from the Bench at Toronto, Ontario, on Monday, February 16th, 1998
REASONS FOR JUDGMENT BY: ISAAC, C.J.
Date: 19980216
Docket: A-817-96
CORAM: THE CHIEF JUSTICE
LINDEN J.A.
MCDONALD J.A.
BETWEEN:
ANTHONY O'BRIAN SIMPSON
Applicant
- and -
CANADA LABOUR RELATIONS BOARD and
THE ASSOCIATION OF POSTAL OFFICIALS OF CANADA
Respondents
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario,
Monday, February 16, 1998)
CHIEF JUSTICE
[1] On this section 28 application, the applicant asks us to review and set aside a decision of the Canada Labour Relations Board (the "Board") which dismissed his complaint that the respondents, the Association of Postal Officials, had breached its duty of fair representation owed to him by virtue of section 37 of the Canada Labour Code, by failing to take several grievances to arbitration.
[2] We are all of the opinion that we should not accede to the applicant's request that we interfere with the decision of the Board.
[3] The applicant does not challenge jurisdiction or allege that the Board addressed or answered the wrong questions. He focussed instead on certain legal and factual conclusions which the Board reached in deciding the issues confided to it by the complaint.
[4] We are of the view that, in these circumstances, the decision of the Board is insulated from review by the privative clause in section 22 of the Canada Labour Code and by the teachings of the jurisprudence respecting deference to expert tribunals, and the decision of the Board has not been shown to us to be patently unreasonable or irrational.
[5] For these reasons we will dismiss the application for judicial review, but without costs which the respondent had requested, since the respondent has neither alleged nor proved special reasons for the award of costs as required by Rule 1618 of the Federal Court Rules.
"Julius A. Isaac"
C.J.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-817-96
| STYLE OF CAUSE: ANTHONY O'BRIAN SIMPSON |
- and -
| CANADA LABOUR RELATIONS BOARD and |
| THE ASSOCIATION OF POSTAL OFFICIALS OF CANADA |
DATE OF HEARING: FEBRUARY 16, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: ISAAC, C.J.
Delivered from the Bench at Toronto, Ontario,
Monday, February 16, 1998
APPEARANCES:
Mr. Anthony O'Brian Simpson
For the Applicant
Mr. George Rontiris
For the Respondent
(The Association of Postal Officials
of Canada)
- 2 -
SOLICITORS OF RECORD:
Mr. Anthony O'Brian Simpson
83 Kenhatch Blvd.
Agincourt, Ontario
M1S 4B3
For the Applicant
Emond Harnden
Barristers and Solicitors
707 Bank Street
Ottawa, Ontario
K1S 3V1
For the Respondent
(The Association of Postal Officials
of Canada)
Ms. Johane Tremblay
Canada Labour Relations Board
C.D. Howe Building
240 Sparks Street
4th Floor - West Tower
Ottawa, Ontario
K1A 0X8
For the Respondent
(Canada Labour Relations Board)
| |
CANADA LABOUR RELATIONS ABOARD and |
| |
THE ASSOCIATION OF POSTAL OFFICIALS OF CANADA |
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