DEAN FONTAINE Appellant v. THE ASSEMBLY OF FIRST NATIONS, 2014 FCA 5
Opinion
Date: 20140114 Docket: A-162-13 Citation: 2014 FCA 5 CORAM: PELLETIER J.A. DAWSON J.A. STRATAS J.A. Docket: A-162-13 BETWEEN: DEAN FONTAINE Appellant and THE ASSEMBLY OF FIRST NATIONS Respondent 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. Date: 20140114 Docket: A-162-13 Citation: 2014 FCA 5 CORAM: PELLETIER J.A. DAWSON J.A. STRATAS J.A.
Docket: A-162-13 BETWEEN: DEAN FONTAINE Appellant and THE ASSEMBLY OF FIRST NATIONS Respondent 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" J.A.
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 DOCKET: A-162-13 STYLE OF CAUSE: DEAN FONTAINE v. THE ASSEMBLY OF FIRST NATIONS 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 : Kenneth B. Young For The Appellant D. Bruce Sevigny For The Respondent SOLICITORS OF RECORD : Kenneth B. Young Barrister and Solicitor Winnipeg, Manitoba For The Appellant Sevigny Westdal LLP Barristers and Solicitors Ottawa, Ontario For The Respondent
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