Canada (Customs and Revenue Agency) v. Professional Institute of the Public Service of Canada
The Federal Court of Appeal held that the appellants failed to demonstrate that the Motions Judge erred in dismissing the appeal from the Prothonotary's decision; the notice was broad but the appropriate remedy was for the applicants to particularize their notice rather than striking the application, and therefore...
Source-derived case information.
- Citation
- 2003 FCA 48
- Parties
- Appellant: Canada Customs and Revenue Agency; Respondent: Professional Institute of the Public Service of Canada; Respondent: Public Service Alliance of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 29 January 2003
- Procedural Posture
- Judicial Review Appeal (administrative Law) / Appeal to the Federal Court of Appeal; Judgment Delivered
- Outcome
- Appeal dismissed
- Legal Topics
- Judicial Review, Motions to Strike, Notice Requirements, Staffing Program Recourse, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Canada Customs and Revenue Agency
Appellant
Professional Institute of the Public Service of Canada
Respondent
Public Service Alliance of Canada
Respondent
Procedural Posture
Judicial Review Appeal (administrative Law) / Appeal to the Federal Court of Appeal; Judgment Delivered
Legal Issues
- 1 Whether the Motions Judge erred in dismissing the appeal from the Prothonotary's dismissal of the Agency's motion to strike the unions' application for judicial review
- 2 Whether the unions' notice of application was impermissibly broad and subject to striking or required greater particularity
- 3 Whether the Agency was entitled to relief on the strike motion
Ratio Decidendi
The Federal Court of Appeal held that the appellants failed to demonstrate that the Motions Judge erred in dismissing the appeal from the Prothonotary's decision; the notice was broad but the appropriate remedy was for the applicants to particularize their notice rather than striking the application, and therefore the appeal was dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs fixed in the sum of $5,000.00
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Customs and Revenue Agency) v. Professional Institute of the Public Service of Canada Court (s) Database Federal Court of Appeal Decisions Date 2003-01-29 Neutral citation 2003 FCA 48 File numbers A-116-02 Decision Content Date: 20030129 Docket: A-116-02 Neutral citation: 2003 FCA 48 CORAM: LÉTOURNEAU J.A. ROTHSTEIN J.A. EVANS J.A. BETWEEN: CANADA CUSTOMS AND REVENUE AGENCY Appellant and PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA PUBLIC SERVICE ALLIANCE OF CANADA Respondents Heard at Ottawa, Ontario, on January 29, 2003. Judgment delivered from the Bench at Ottawa, Ontario, on January 29, 2003. REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A. Date: 20030129 Docket: A-116-02 Neutral citation: 2003 FCA 48 CORAM: LÉTOURNEAU J.A. ROTHSTEIN J.A. EVANS J.A. BETWEEN: CANADA CUSTOMS AND REVENUE AGENCY Appellant and PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA PUBLIC SERVICE ALLIANCE OF CANADA Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario on January 29, 2003.) EVANS J.A. [1] Despite the able argument of counsel, we are not satisfied that the Motions Judge erred in dismissing an appeal from the decision of the Prothonotary to dismiss the motion of Canada Customs and Revenue Agency to strike the respondent unions' application for judicial review. [2] We would only note that the notice of application for judicial review is extremely broad, especially given that the applicants are seeking a declaration that the Agency's staffing program is invalid in respect of the provisions for recourse for employees. In order to avoid further delays in this matter, it is in the interests of the applicants to provide sufficient details in the notice as will enable the Agency to understand fully the grounds and scope of the application. [3] The appeal will be dismissed with costs fixed in the sum of $5,000.00. "John M. Evans" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-116-02 STYLE OF CAUSE: Canada Customs and Revenue Agency v. Professional Institute of the Public Service of Canada et al. PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: January 29, 2003 REASONS FOR JUDGMENT OF THE COURT: (Létourneau, Rothstein & Evans JJ.A.) RENDERED FROM THE BENCH BY: Evans J.A. APPEARANCES: Mr. J. Sanderson Graham FOR THE APPELLANT Mr. Dougald Brown FOR THE RESPONDENT (PIPSC) SOLICITORS OF RECORD: Mr. Morris Rosenberg Deputy Attorney General of Canada FOR THE APPELLANT Nelligan O'Brien Payne Ottawa, Ontario FOR THE RESPONDENT (PIPSC)