Date: 20020909
Docket: A-141-00
Montréal, Quebec, September 9, 2002
CORAM: DESJARDINS J.A.
NOËL J.A.
NADON J.A.
BETWEEN:
MARCEL MORISSETTE
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
JUDGMENT
The appeal is dismissed with costs.
"Alice Desjardins"
J.A.
Certified true translation
Mary Jo Egan, LLB
Date: 20020909
Docket: A-141-00
Neutral Citation: 2002 FCA 314
CORAM: DESJARDINS J.A.
NOËL J.A.
NADON J.A.
BETWEEN:
MARCEL MORISSETTE
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
Hearing held at Montréal, Quebec, on September 9, 2002.
Judgment delivered from the bench at Montréal, Quebec, on September 9, 2002.
REASONS FOR JUDGMENT OF THE COURT: DESJARDINS J.A.
Date: 20020909
Docket: A-141-00
Neutral Citation: 2002 FCA 314
CORAM: DESJARDINS J.A.
NOËL J.A.
NADON J.A.
BETWEEN:
MARCEL MORISSETTE
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec
on September 9, 2002)
DESJARDINS J.A.
[1] In our view, the trial judge properly dismissed the application for judicial review of the decision by adjudicator Marguerite-Marie Galipeau who, after conducting an investigation under the Public Service Staff Relations Act, found that the dismissal of the appellant for misconduct was justified.
[2] The standard of review in this case is unreasonableness. The adjudicator did not make any such error, and the assessment by the trial judge on that issue does not warrant intervention by this Court.
[3] With respect to the ground of appeal concerning the lack of a transcript at the hearing before the adjudicator, that argument was not made or even mentioned before the trial judge. Therefore, he could not have made a reviewable error by not giving effect to it.
[4] The appeal will be dismissed with costs.
"Alice Desjardins"
J.A.
Certified true translation
Mary Jo Egan, LLB
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20020909
Docket: A-141-00
Between:
MARCEL MORISSETTE
Appelant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
OF THE COURT
FEDERAL COURT OF CANADA
APPEAL DIVISION
SOLICITORS OF RECORD
DOCKET: A-141-00
STYLE OF CAUSE:
MARCEL MORISSETTE
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: September 9, 2002
REASONS FOR JUDGMENT OF THE COURT: THE HONOURABLE MADAM JUSTICE DESJARDINS
CONCURRED IN BY: THE HONOURABLE MR. JUSTICE NOËL
THE HONOURABLE MR. JUSTICE NADON
DATE OF REASONS: September 9, 2002
APPEARANCES:
| Pierre A.Cloutier
Sherbrooke, Quebec
|
FOR THE APPELLANT
|
| Raymond Piché
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
| Pierre A.Cloutier
Sherbrooke, Quebec
|
FOR THE APPELLANT
|
| Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario
|
FOR THE RESPONDENT
|
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