Sutton v. Canada (Attorney General), 2007 FCA 165

Date: 20070426

Docket: A-335-06

Citation: 2007 FCA 165

CORAM:       RICHARD C.J.

                        SHARLOW J.A.

                        PELLETIER J.A.

BETWEEN:

DEBBIE SUTTON

Appellant

and

ATTORNEY GENERAL OF CANADA

Respondent

Heard at Ottawa, Ontario, on April 26, 2007.

Judgment delivered from the Bench at Ottawa, Ontario, on April 26, 2007.

REASONS FOR JUDGMENT OF THE COURT BY:                                             SHARLOW J.A.

Date: 20070426

Docket: A-335-06

Citation: 2007 FCA 165

CORAM:       RICHARD C.J.

                        SHARLOW J.A.

                        PELLETIER J.A.

BETWEEN:

DEBBIE SUTTON

Appellant

and

ATTORNEY GENERAL OF CANADA

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Ottawa, Ontario, on April 26, 2007)

SHARLOW J.A.

[1]               This is an appeal from the decision of a Judge of the Federal Court (2006 FC 848) dismissing an application for judicial review of a decision dated October 5, 2004 by the Operational and Management Services Adviser of the Canada Revenue Agency that the appellant’s application for independent third party review of a staffing decision was to be read as limited to only the manager named on her form.

[2]               The appellant argued that this decision cannot stand because it is based on too technical and narrow a construction of the application form and related guidelines.  The Judge did not accept that argument and found that the decision under review was reasonable and not arbitrary.  We are unable to detect any error of law or other error on the part of the Judge that warrants the intervention of this Court.

[3]               This appeal will be dismissed with costs of the appeal.

“K. Sharlow”

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                              A-335-06

(APPEAL FROM A JUDGMENT OF THE HONOURABLE PAUL U.C. ROULEAU DATED JULY 5, 2006, DOCKET NO. 2006 FC 848)

STYLE OF CAUSE:                                                              DEBBIE SUTTON v.

                                                                                                ATTORNEY GENERAL OF CANADA

PLACE OF HEARING:                                                        OTTAWA, ONTARIO

DATE OF HEARING:                                                          APRIL 26, 2007

REASONS FOR JUDGMENT OF THE COURT BY:       RICHARD C.J., SHARLOW J.A. & PELLETIER J.A.

DELIVERED FROM THE BENCH BY:                            SHARLOW J.A.

APPEARANCES:

SOLICITORS OF RECORD: