THE ATTORNEY GENERAL OF CANADA Appellant v. JEAN-GUILLAUME, 2015 FCA 226

Date: 20151026 Docket: A-558-14 Citation: 2015 FCA 226 CORAM: NADON J.A. TRUDEL J.A. SCOTT J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Appellant and JEAN-GUILLAUME DUFOUR Respondent Heard at Montréal, Quebec, on October 26, 2015. Judgment delivered from the Bench at Montréal, Quebec, on October 26, 2015. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20151026 Docket: A-558-14 Citation: 2015 FCA 226 CORAM: NADON J.A. TRUDEL J.A. SCOTT J.A.

BETWEEN: THE ATTORNEY GENERAL OF CANADA Appellant and JEAN-GUILLAUME DUFOUR Respondent 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” J.A. Certified true translation Johanna Kratz, Translator FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-558-14 STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA v. JEAN- GUILLAUME DUFOUR PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: October 26, 2015 REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. TRUDEL J.A. SCOTT J.A. DELIVERED FROM THE BENCH BY: NADON J.A.

APPEARANCES : Martin Desmeules For the Appellant Maude Pepin-Hallé FOR THE RESPONDENT SOLICITORS OF RECORD : William F. Pentney Deputy Attorney General of Canada For the appellant Laroche Martin Montréal, Quebec FOR THE RESPONDENT