Williams v. Canada (Attorney General)

Williams v. Canada (Attorney General)

Applying the reasonableness standard, the Court found the NDB's decision to decertify for 12 months was within a range of defensible outcomes: the applicant failed two practical X-ray tests, completed the documented OJT, signed a readiness form and failed to raise duress or insufficiency of training before the NDB;...

Source-derived case information.

Citation
2011 FC 1311
Parties
Applicant: David Williams; Respondent: Attorney General of Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
15 November 2011
Procedural Posture
Judicial Review / Judgment Judicial Review Dismissed
Outcome
Application for judicial review dismissed with costs
Legal Topics
Decertification, Standard of Review, Reasonableness, Recertification, Procedural Fairness
Source Language
english
Administrative Law Aviation Security Public Law Decertification Standard of Review Reasonableness Recertification Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

David Williams

Applicant

Attorney General of Canada

Respondent

Procedural Posture

Judicial Review / Judgment Judicial Review Dismissed

Legal Issues

  1. 1 What is the appropriate standard of review?
  2. 2 Whether the decision was based on an erroneous finding of fact made in a perverse or capricious manner or without regard for the material before the decision maker

Ratio Decidendi

Applying the reasonableness standard, the Court found the NDB's decision to decertify for 12 months was within a range of defensible outcomes: the applicant failed two practical X-ray tests, completed the documented OJT, signed a readiness form and failed to raise duress or insufficiency of training before the NDB; no reviewable error of fact or perversity was demonstrated, so the judicial review is dismissed.

Court Disposition

Application for judicial review dismissed with costs

Orders

  • Application for judicial review dismissed with costs