Docket:
A-162-13
Citation: 2014
FCA 5
CORAM:
PELLETIER J.A.
DAWSON J.A.
STRATAS J.A.
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Docket:
A-162-13
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BETWEEN:
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DEAN FONTAINE
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Appellant
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and
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THE ASSEMBLY OF FIRST NATIONS
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Respondent
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Heard at Winnipeg, Manitoba, on January 14, 2014.
Judgment delivered from the Bench at Winnipeg, Manitoba, on January
14, 2014.
REASONS FOR JUDGMENT OF THE COURT BY: DAWSON J.A.
Docket:
A-162-13
Citation:
2014 FCA 5
CORAM:
PELLETIER
J.A.
DAWSON
J.A.
STRATAS
J.A.
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Docket:
A-162-13
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BETWEEN:
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DEAN FONTAINE
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Appellant
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and
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THE ASSEMBLY OF FIRST NATIONS
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Respondent
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REASONS FOR JUDGMENT OF THE COURT
(Delivered from the
Bench at Winnipeg, Manitoba, on January 14, 2014).
DAWSON J.A.
[1]
This is an appeal from a judgment of the Federal
Court. For reasons reported as 2013 FC 352, [2013] F.C.J. No. 369, a Judge of
the Federal Court dismissed an application for judicial review brought by Mr.
Fontaine in respect of a decision of an adjudicator made under the Canada
Labour Code, R.S.C. 1985, c. L-2.
[2]
The Judge, in careful and comprehensive reasons,
selected the correct standard of review to be applied to the adjudicator’s
decision: reasonableness. We see no error in the application of that standard
by the Judge. Particularly, we see no error in the Judge’s finding that the
adjudicator did not reach an unreasonable conclusion when he found no actual
offer of permanent employment was extended to Mr. Fontaine.
[3]
Accordingly, the appeal will be dismissed with
costs.
"Eleanor R. Dawson"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Docket:
A-162-13
APPEAL FROM A JUDGMENT OF THE FEDERAL
COURT DATED APRIL 8, 2013, DOCKET NO. T-1234-12
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DOCKET:
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A-162-13
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STYLE OF CAUSE:
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DEAN FONTAINE
v. THE ASSEMBLY OF FIRST NATIONS
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PLACE OF HEARING:
Winnipeg, Manitoba
DATE OF HEARING:
January
14, 2014
REASONS FOR JUDGMENT OF THE COURT BY:
PELLETIER J.A.
DAWSON J.A.
STRATAS J.A.
DELIVERED
FROM THE BENCH BY:
DAWSON J.A.
APPEARANCES:
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Kenneth B. Young
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For The Appellant
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D. Bruce Sevigny
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For The Respondent
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SOLICITORS OF RECORD:
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Kenneth B. Young
Barrister and Solicitor
Winnipeg, Manitoba
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For The Appellant
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Sevigny Westdal LLP
Barristers and Solicitors
Ottawa, Ontario
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For The Respondent
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