Date:
20071022
Docket: A-98-07
Citation: 2007 FCA 343
CORAM: LINDEN J.A.
NADON
J.A.
PELLETIER J.A.
BETWEEN:
DEAN
PROVOST
Appellant
and
THE
ATTORNEY GENERAL OF CANADA
Respondent
Heard at Calgary, Alberta, on October 22, 2007.
Judgment delivered from the Bench at Calgary, Alberta, on October 22, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER
J.A.
Date:
20071022
Docket: A-98-07
Citation: 2007
FCA 343
CORAM: LINDEN J.A.
NADON J.A.
PELLETIER
J.A.
BETWEEN:
DEAN PROVOST
Appellant
and
THE ATTORNEY
GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Calgary, Alberta, on October 22, 2007)
PELLETIER
J.A.
[1]
We are all
of the view that the decision of the Umpire must be set aside and the matter
remitted to the Chief Umpire or his designate for a fresh determination.
[2]
The issues
raised by the Commission's application were the definition of the appropriate
work unit ("factory, workshop or other premises") and the existence
of a work stoppage. The latter required consideration of the extent to which
employees had remained at or returned to work and the extent of activity in the
work unit. The Umpire set aside the decision of the Board of Referees without
identifying the appropriate work unit. He came to a conclusion as to the level
of employee attendance by picking one number out of a multitude of numbers in
the record without an explanation as to why he preferred that number over the
others.
[3]
In the
circumstances the Umpire has not justified his decision to interfere with the
decision of the Board of Referees. Accordingly, the matter must be remitted
for a fresh determination.
"J.D.
Denis Pelletier"
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-98-07
STYLE OF CAUSE: DEAN PROVOST and THE
ATTORNEY GENERAL OF CANADA
PLACE OF
HEARING: CALGARY, ALBERTA
DATE OF
HEARING: OCTOBER 22, 2007
REASONS FOR
JUDGMENT OF THE COURT BY: Linden, Nadon, Pelletier JJ.A.
DELIVERED
FROM THE BENCH BY: PELLETIER
J.A.
APPEARANCES:
|
Dean Provost
|
FOR THE APPELLANT
|
|
Darcie
Charlton
|
FOR THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
|
|
|
John H. Sims,
Q.C.
Deputy
Attorney General of Canada
Ottawa,
Ontario
|
FOR THE RESPONDENT
|
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