Canadian Council of Railway Operating Unions v. Adams

Canadian Council of Railway Operating Unions v. Adams Court (s) Database Federal Court of Appeal Decisions Date 2002-02-13 Neutral citation 2002 FCA 64 File numbers A-719-00 Decision Content Date: 20020213 Docket: A-719-00 Neutral citation: 2002 FCA 64 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. BETWEEN: CANADIAN COUNCIL OF RAILWAY OPERATING UNIONS Applicant and ROBERT ADAMS, CANADA INDUSTRIAL RELATIONS BOARD, and ST. LAWRENCE & HUDSON RAILWAY COMPANY LIMITED Respondents Heard at Montreal, Quebec, on February 13, 2002 Judgment delivered from the Bench at Montreal, Quebec, on February 13, 2002 REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. Date: 20020213 Docket: A-719-00 Neutral citation: 2002 FCA 64 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. BETWEEN: CANADIAN COUNCIL OF RAILWAY OPERATING UNIONS Applicant and ROBERT ADAMS, CANADA INDUSTRIAL RELATIONS BOARD, and ST. LAWRENCE & HUDSON RAILWAY COMPANY LIMITED Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montreal, Quebec on February 13, 2002) DESJARDINS J.A. [1] Of all the arguments made by the applicant with regard to the Canadian Industrial Relations Board's decision ("the Board") (2000), CIRB Decision No. 95 (unreported), the only one which merits attention is the allegation that the Board exceeded its jurisdiction in issuing its remedial order. [2] In our view, this issue has been dealt with by this Court in Canadian Air Line Pilots Association v. Brian L. Eamor et al., [1997] F.C.J. No.859 (QL), where Marceau J.A. for the Court said, as he applied the standard of review of patent unreasonableness: As for the remedy ordered by the Board, with respect to which the same standard of review is applicable, we see no more reason to intervene. On the one hand, the award of costs was rationally connected to the section 37 breach and its consequences within the meaning of subsection 99(2). On the other hand, a potential award of damages, provided it be established as having a direct causal link to the breach, is not in itself insupportable under the broad remedial discretion conferred by subsection 99(2) as it is not punitive in nature, does not infringe the Canadian Charter of Rights and Freedoms, and does not contradict the purposes of the Code (cf. Royal Oak Mines Inc. v. Canada (Labour Relations Board), [1996] 1 S.C.R. 369). [3] We have not been persuaded that the Board exceeded its jurisdiction in awarding the said remedy in the case at bar. [4] This application for judicial review is dismissed with costs in favour of the respondent Robert Adams only. "Alice Desjardins" J.A. FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20020213 Docket: A-719-00 BETWEEN: CANADIAN COUNCIL OF RAILWAY OPERATING UNIONS Applicant and ROBERT ADAMS, CANADA INDUSTRIAL RELATIONS BOARD, and ST. LAWRENCE & HUDSON RAILWAY COMPANY LIMITED Respondents REASONS FOR JUDGMENT OF THE COURT FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-719-00 CORAM : DESJARDINS J.A. DÉCARY J.A. NOËL J.A. STYLE OF CAUSE: CANADIAN COUNCIL OF RAILWAY OPERATING UNIONS Applicant and ROBERT ADAMS, CANADA INDUSTRIAL RELATIONS BOARD, and ST. LAWRENCE & HUDSON RAILWAY COMPANY LIMITED Respondents PLACE OF HEARING: Montreal, Quebec DATE OF HEARING: February 13, 2002 REASONS FOR JUDGMENT OF THE COURT BY DESJARDINS, J.A. DATED: February 13, 2002 APPEARANCES: Mr. Douglas J. Wray FOR THE APPLICANT Mr. James R.K. Duggan FOR THE RESPONDENT Robert Adams Mrs. Karen L. Flemming FOR THE RESPONDENTS Canada Industrial Relations Board and St. Lawrence & Hudson Railway Company Limited SOLICITORS OF RECORD: Caley & Wray FOR THE APPLICANT Toronto, Ontario Schurman, Longo & Duggan FOR THE RESPONDENT Montreal, Quebec Robert Adams Canadian Pacific Railway Company FOR THE RESPONDENTS Calgary, Alberta Canada Industrial Relations Board and St. Lawrence & Hudson Railway Company Limited