Canadian Union of Postal Workers v. Canada (Attorney General), 2004 FCA 312

Date: 20040921

Docket: A-108-04

Citation: 2004 FCA 312

CORAM:        ROTHSTEIN J.A.

EVANS J.A.

SHARLOW J.A.

BETWEEN:

                                      CANADIAN UNION OF POSTAL WORKERS

                                 as represented by Mr. Dale Clark, National President

                                                                                                                                            Appellant

                                                                           and

                                         THE ATTORNEY GENERAL OF CANADA

                                                                                                                                        Respondent

                                       Heard at Ottawa, Ontario, on September 21, 2004.

                 Judgment delivered from the Bench at Ottawa, Ontario, on September 21, 2004.

REASONS FOR JUDGMENT BY:                                                                         ROTHSTEIN J.A.

Date: 20040921

Docket: A-108-04

Citation: 2004 FCA 312

CORAM:        ROTHSTEIN J.A.

EVANS J.A.

SHARLOW J.A.

BETWEEN:

                                      CANADIAN UNION OF POSTAL WORKERS

                                 as represented by Mr. Dale Clark, National President

                                                                                                                                            Appellant

                                                                           and

                                         THE ATTORNEY GENERAL OF CANADA

                                                                                                                                        Respondent

                                                    REASONS FOR JUDGMENT

                   (Delivered from the Bench at Ottawa, Ontario, on September 21, 2004)

ROTHSTEIN J.A.

[1]                We are not satisfied that Hugessen J. made any error that would warrant the intervention of this Court when he granted the Crown's motion for summary judgment.

[2]                In so saying, we should not be taken as deciding whether the Financial Administration Act, R.S.C. 1985, c. F-10, applies to the costs referred to in section 15 of the Postal Services Continuation Act, 1997, S.C. 1997, c. 34. However, even if the Financial Administration Act does apply, there was sufficient compliance with section 34 of that Act.

[3]                The cost of experts was approved by the arbitrator and Human Resources Development Canada was entitled to treat that approval as evidence of the reasonableness of those costs. Virtually all other costs are reflected in contracts or statements of account submitted to Human Resources Development Canada for payment.

[4]                The appeal will be dismissed with costs.

                                                                                                                             "Marshall Rothstein"          

                                                                                                                                                      J.A.               

                                                  FEDERAL COURT OF APPEAL

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                               A-108-04

STYLE OF CAUSE:                          CANADIAN UNION OF POSTAL WORKERS

as represented by Mr. Dale Clark, National President

                                                                                                                                            Appellant

and

THE ATTORNEY GENERAL OF CANADA

                                                                                                                                        Respondent

PLACE OF HEARING:                    Ottawa, Ontario

DATE OF HEARING:                      September 21, 2004

REASONS FOR JUDGMENT

OF THE COURT:                             (Rothstein, Evans, & Sharlow JJ.A.)

DELIVERED FROM

THE BENCH BY:                             Rothstein J.A.

APPEARANCES

SOLICITORS OF RECORD