Desgagnés Marine Petro Inc. c. Broudic

Desgagnés Marine Petro Inc. c. Broudic

The Court held the arbitral decision was reasonable and not procedurally unfair: the Federal Court of Appeal must defer to the arbitrator's factual findings under the Vavilov standard, and the employer failed to demonstrate a material deficiency in the Council's reasoning or process that would render the decision...

Source-derived case information.

Citation
2024 CAF 178
Parties
Applicant: DESGAGNÉS MARINE PETRO INC.; Respondent: PIERRE-MARIE BROUDIC
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
31 October 2024
Procedural Posture
Judicial Review of Arbitral Decision / Judgment at Federal Court of Appeal
Outcome
application dismissed with costs
Legal Topics
Judicial Review, Unjust Dismissal, Procedural Fairness, Standard of Review, Arbitration
Source Language
fr
Administrative Law Labour and Employment Law Maritime Law Judicial Review Unjust Dismissal Procedural Fairness Standard of Review Arbitration

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Parties

DESGAGNÉS MARINE PETRO INC.

Applicant

PIERRE-MARIE BROUDIC

Respondent

Procedural Posture

Judicial Review of Arbitral Decision / Judgment at Federal Court of Appeal

  1. 1 whether the arbitral decision was unreasonable in its findings of fact and conclusion on just cause
  2. 2 whether the arbitration process violated procedural fairness by not allowing the employer to cure evidentiary gaps

Ratio Decidendi

The Court held the arbitral decision was reasonable and not procedurally unfair: the Federal Court of Appeal must defer to the arbitrator's factual findings under the Vavilov standard, and the employer failed to demonstrate a material deficiency in the Council's reasoning or process that would render the decision unreasonable.

Court Disposition

application dismissed with costs

Orders

  • Judicial review application dismissed with costs.