Canada (Attorney General) v. Dufour, 2015 FCA 226

Date: 20151026

Docket: A-558-14

Citation: 2015 FCA 226

Heard at Montréal, Quebec, on October 26, 2015.

Judgment delivered from the Bench at Montréal, Quebec, on October 26, 2015.

Date: 20151026

Docket: A-558-14

Citation: 2015 FCA 226

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Montréal, Quebec, on October 26, 2015.)

NADON J.A.

[1]               We are all of the opinion that there is no basis for intervening.

[2]               In our opinion, the Federal Court judge did not err in concluding that the adjudicator’s decision, and, more specifically, his interpretation of clause 30.07(k) of the collective agreement, was unreasonable.

[3]               We would like to note, however, that, in our opinion, it would be preferable if the judges of the Federal Court would refrain from producing orders with reasons in the form of a preamble (or a speaking order) in order to dispose of cases such as the one before us, which raises important questions of fact and law.

[4]               In our view, more fleshed-out reasons would allow the parties and our Court to better understand the judge’s reasoning. Among other things, the reasons for judgment would allow us to benefit from the judge’s perspective before we draw our own conclusions.

[5]               For these reasons, the appeal will be dismissed with costs.

“Marc Nadon”

Certified true translation

Johanna Kratz, Translator

FEDERAL COURT OF APPEAL

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