Professional Institute of the Public Service of Canada v. Canada (Canadian Food Inspection Agency)

Professional Institute of the Public Service of Canada v. Canada (Canadian Food Inspection Agency)

The CFIA failed to establish there was no live controversy because it did not rebut PIPSC's submission that s.125 may preserve an ESA's future legal effect if the union later elects conciliation/strike; accordingly the motion to dismiss as moot was dismissed and cross-examination time was extended.

Source-derived case information.

Citation
2012 FCA 19
Parties
Applicant Bargaining Agent: Professional Institute of the Public Service of Canada; Respondent Employer: Canadian Food Inspection Agency
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
20 January 2012
Procedural Posture
Application for Judicial Review / Preliminary Motion to Dismiss for Mootness (written Submissions)
Outcome
Motion to dismiss application for judicial review as moot dismissed; extension granted for completion of cross-examinations; no costs awarded
Legal Topics
Essential Services Agreement, Mootness, Statutory Interpretation, Dispute Resolution (arbitration Vs Conciliation/strike), Judicial Review Procedure
Source Language
english
Labour Law Administrative Law Public Service Employment Law Essential Services Agreement Mootness Statutory Interpretation Dispute Resolution (arbitration Vs Conciliation/strike) Judicial Review Procedure

Source-derived case record

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Parties

Professional Institute of the Public Service of Canada

Applicant Bargaining Agent

Canadian Food Inspection Agency

Respondent Employer

Procedural Posture

Application for Judicial Review / Preliminary Motion to Dismiss for Mootness (written Submissions)

Legal Issues

  1. 1 Whether the application for judicial review is moot due to the bargaining agent's election of arbitration rather than conciliation/strike
  2. 2 Whether the Board's determination of essential services would have future legal effect if the union later elects conciliation/strike
  3. 3 Interpretation and interplay of ss.119 and 125 of the Public Service Labour Relations Act

Ratio Decidendi

The CFIA failed to establish there was no live controversy because it did not rebut PIPSC's submission that s.125 may preserve an ESA's future legal effect if the union later elects conciliation/strike; accordingly the motion to dismiss as moot was dismissed and cross-examination time was extended.

Court Disposition

Motion to dismiss application for judicial review as moot dismissed; extension granted for completion of cross-examinations; no costs awarded

Orders

  • Motion to dismiss application for judicial review on ground of mootness dismissed
  • Time extended for completion of cross-examinations on affidavits filed in the proceeding