Canadian Union of Postal Workers v. Canada (Attorney General)
No error was shown in the trial judge's grant of summary judgment; even assuming the Financial Administration Act applied, the Crown complied with s.34 because arbitrator approval of expert costs and supporting contracts/statements of account constituted sufficient evidence of reasonableness; appeal dismissed with...
Source-derived case information.
- Citation
- 2004 FCA 312
- Parties
- Appellant: Canadian Union of Postal Workers; Respondent: The Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 21 September 2004
- Procedural Posture
- Appeal / Appeal From Summary Judgment (motion for Summary Judgment in Federal Court)
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Application of Financial Administration Act to Statutory Costs, Compliance With S.34 of the Financial Administration Act, Reasonableness of Expert and Contractual Costs, Summary Judgment Standard
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Canadian Union of Postal Workers
Appellant
The Attorney General of Canada
Respondent
Procedural Posture
Appeal / Appeal From Summary Judgment (motion for Summary Judgment in Federal Court)
Legal Issues
- 1 Whether the trial judge erred in granting the Crown's motion for summary judgment
- 2 Whether the Financial Administration Act applies to costs referred to in s.15 of the Postal Services Continuation Act
- 3 Whether there was compliance with s.34 of the Financial Administration Act
Ratio Decidendi
No error was shown in the trial judge's grant of summary judgment; even assuming the Financial Administration Act applied, the Crown complied with s.34 because arbitrator approval of expert costs and supporting contracts/statements of account constituted sufficient evidence of reasonableness; appeal dismissed with costs.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed
- Costs awarded to the Respondent (the Crown)
Full Case Text
Judgment text and source record
1 paragraphs
Canadian Union of Postal Workers v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2004-09-21 Neutral citation 2004 FCA 312 File numbers A-108-04 Decision Content Date: 20040921 Docket: A-108-04 Citation: 2004 FCA 312 CORAM: ROTHSTEIN J.A. EVANS J.A. SHARLOW J.A. BETWEEN: CANADIAN UNION OF POSTAL WORKERS as represented by Mr. Dale Clark, National President Appellant and THE ATTORNEY GENERAL OF CANADA Respondent Heard at Ottawa, Ontario, on September 21, 2004. Judgment delivered from the Bench at Ottawa, Ontario, on September 21, 2004. REASONS FOR JUDGMENT BY: ROTHSTEIN J.A. Date: 20040921 Docket: A-108-04 Citation: 2004 FCA 312 CORAM: ROTHSTEIN J.A. EVANS J.A. SHARLOW J.A. BETWEEN: CANADIAN UNION OF POSTAL WORKERS as represented by Mr. Dale Clark, National President Appellant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT (Delivered from the Bench at Ottawa, Ontario, on September 21, 2004) ROTHSTEIN J.A. [1] We are not satisfied that Hugessen J. made any error that would warrant the intervention of this Court when he granted the Crown's motion for summary judgment. [2] In so saying, we should not be taken as deciding whether the Financial Administration Act, R.S.C. 1985, c. F-10, applies to the costs referred to in section 15 of the Postal Services Continuation Act, 1997, S.C. 1997, c. 34. However, even if the Financial Administration Act does apply, there was sufficient compliance with section 34 of that Act. [3] The cost of experts was approved by the arbitrator and Human Resources Development Canada was entitled to treat that approval as evidence of the reasonableness of those costs. Virtually all other costs are reflected in contracts or statements of account submitted to Human Resources Development Canada for payment. [4] The appeal will be dismissed with costs. "Marshall Rothstein" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-108-04 STYLE OF CAUSE: CANADIAN UNION OF POSTAL WORKERS as represented by Mr. Dale Clark, National President Appellant and THE ATTORNEY GENERAL OF CANADA Respondent PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: September 21, 2004 REASONS FOR JUDGMENT OF THE COURT: (Rothstein, Evans, & Sharlow JJ.A.) DELIVERED FROM THE BENCH BY: Rothstein J.A. APPEARANCES Barbara Nicholls Damir Karaturovic FOR THE APPELLANT Elizabeth Richards FOR THE RESPONDENT SOLICITORS OF RECORD Perley-Robertson, Hill & McDougall Ottawa, Ontario FOR THE APPELLANT Morris Rosenberg Deputy Attorney General of Canada FOR THE RESPONDENT