Canada (Attorney General) v. Campbell

Canada (Attorney General) v. Campbell

The referees' decisions to deduct WEPP benefits and trustee dividends from payment orders were reasonable, within their de novo fact‑finding and remedial authority under the Canada Labour Code, supported by the statutory wording that inspectors determine the difference between amounts actually paid and amounts owed, and consistent with legislative purpose to avoid double recovery and protect employees from Crown overpayment recovery; judicial review is dismissed on reasonableness grounds.

Citation
2014 FC 646
Parties
Applicant: Attorney General of Canada; Respondents (appellants Before the Referee): Donald W. Campbell; Pierre Despars; Sylvain Duval (in their capacity as directors of Exeltech Aérospatial Inc.); Respondents (appellants Before the Referee): Stéphane Durand; Taifur Rahman (in their capacity as directors of Centre Montréal Jet (2008) Inc.); Respondents (former Employees / Respondents Before the Referee): Former employees of Exeltech Aérospatial Inc. and Centre Montréal Jet (2008) Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
3 July 2014
Procedural Posture
Judicial Review of Arbitral Awards Under Canada Labour Code / Decision on Applications for Judicial Review (dismissed)
Outcome
Applications for judicial review dismissed
Legal Topics
Wage Earner Protection Program, Canada Labour Code S.251 and S.251.18, Directors' Liability for Wages, Super Priority in Bankruptcy, Standard of Review (reasonableness)
Source Language
English
Administrative Law Labour Law Bankruptcy Law Employment Standards Law Wage Earner Protection Program Canada Labour Code S.251 and S.251.18 Directors' Liability for Wages Super Priority in Bankruptcy +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Attorney General of Canada

Applicant

Donald W. Campbell; Pierre Despars; Sylvain Duval (in their capacity as directors of Exeltech Aérospatial Inc.)

Respondents (appellants Before the Referee)

Stéphane Durand; Taifur Rahman (in their capacity as directors of Centre Montréal Jet (2008) Inc.)

Respondents (appellants Before the Referee)

Former employees of Exeltech Aérospatial Inc. and Centre Montréal Jet (2008) Inc.

Respondents (former Employees / Respondents Before the Referee)

Procedural Posture

Judicial Review of Arbitral Awards Under Canada Labour Code / Decision on Applications for Judicial Review (dismissed)

Legal Issues

  1. 1 Whether referees lawfully deducted WEPP benefits and trustee dividends from payment orders under the Canada Labour Code
  2. 2 Appropriate standard of review for tribunal interpretation of its enabling statute and related statutes
  3. 3 Whether payments from third parties (WEPP/trustee) fall within "wages and other amounts" payable under Part III of the CLC

Ratio Decidendi

The referees' decisions to deduct WEPP benefits and trustee dividends from payment orders were reasonable, within their de novo fact‑finding and remedial authority under the Canada Labour Code, supported by the statutory wording that inspectors determine the difference between amounts actually paid and amounts owed, and consistent with legislative purpose to avoid double recovery and protect employees from Crown overpayment recovery; judicial review is dismissed on reasonableness grounds.

Court Disposition

Applications for judicial review dismissed

Orders

  • The applications for judicial review are dismissed in both cases
  • Directors (appellants before the referees) are entitled to their costs against the applicant