Zaytoun v. Canada (Canadian Food Inspection Agency)
The independent reviewer’s conclusion that interviewing spouses on different days created an appearance of unfairness was reasonable; the Agency’s corrective measures were unresponsive and effectively maintained the status quo; the Federal Court erred in setting aside the independent reviewer’s decision, and the...
Source-derived case information.
- Citation
- 2009 FCA 17
- Parties
- Appellant: Maher Zaytoun; Respondent: Canadian Food Inspection Agency
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 20 January 2009
- Procedural Posture
- Judicial Review / Appeal / Appeal to Federal Court of Appeal From Federal Court Decision
- Outcome
- Appeal allowed; Federal Court decision set aside; Agency’s judicial review of the independent reviewer’s decision dismissed; Appellant’s judicial review of the Agency’s corrective measures allowed; Agency decision quashed and referred back for reconsideration.
- Legal Topics
- Procedural Fairness, Staffing and Hiring Processes, Judicial Review, Corrective Measures
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maher Zaytoun
Appellant
Canadian Food Inspection Agency
Respondent
Procedural Posture
Judicial Review / Appeal / Appeal to Federal Court of Appeal From Federal Court Decision
Legal Issues
- 1 Whether the independent reviewer’s finding of an appearance of unfairness was reasonable
- 2 Whether the Agency’s corrective measures were responsive and remedial
- 3 Whether the Federal Court rightly interfered with the independent reviewer’s decision
Ratio Decidendi
The independent reviewer’s conclusion that interviewing spouses on different days created an appearance of unfairness was reasonable; the Agency’s corrective measures were unresponsive and effectively maintained the status quo; the Federal Court erred in setting aside the independent reviewer’s decision, and the Agency’s decision must be quashed and referred back for reconsideration in accordance with these reasons.
Court Disposition
Appeal allowed; Federal Court decision set aside; Agency’s judicial review of the independent reviewer’s decision dismissed; Appellant’s judicial review of the Agency’s corrective measures allowed; Agency decision quashed and referred back for reconsideration.
Orders
- Appeal allowed with costs
- Decision of the Federal Court set aside
Full Case Text
Judgment text and source record
1 paragraphs
Zaytoun v. Canada (Canadian Food Inspection Agency) Court (s) Database Federal Court of Appeal Decisions Date 2009-01-20 Neutral citation 2009 FCA 17 File numbers A-227-08 Decision Content Date: 20090120 Docket: A-227-08 Citation: 2009 FCA 17 CORAM: NADON J.A. SHARLOW J.A. RYER J.A. BETWEEN: MAHER ZAYTOUN Appellant and CANADIAN FOOD INSPECTION AGENCY Respondent Heard at Ottawa, Ontario, on January 20, 2009. Judgment delivered from the Bench at Ottawa, Ontario, on January 20, 2009. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20090120 Docket: A-227-08 Citation: 2009 FCA 17 CORAM: NADON J.A. SHARLOW J.A. RYER J.A. BETWEEN: MAHER ZAYTOUN Appellant and CANADIAN FOOD INSPECTION AGENCY Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on January 20, 2009) NADON J.A. [1] This is an appeal from a decision of Russell J. of the Federal Court, 2008 FC 502, dated April 17, 2008, setting aside an independent third-party review (the “independent reviewer’s decision”) conducted under the Canadian Food Inspection Agency’s (the “Agency”) Staffing Recourse Policy and dismissing the appellant’s judicial review application of the corrective measures put forward by the Agency following the aforesaid decision. [2] We are all agreed that there was no basis upon which the Judge could interfere with the independent reviewer’s decision. [3] We are satisfied that there is nothing unreasonable in the independent reviewer’s decision that the Agency’s process in conducting interviews and administering written examinations for spouses on different days created an appearance of unfairness, thus tainting its hiring process and breaching its value of fairness. [4] With respect to the corrective measures put forward by the Agency in response to the independent reviewer’s decision, we are all of the view that the measures were unresponsive in that we interpret the Agency’s response as simply maintaining the status quo. [5] For these reasons, the appeal will be allowed with costs and the decision of the Federal Court will be set aside. The Agency’s judicial review application of the independent reviewer’s decision will be dismissed with costs and the appellant’s judicial review application of the Agency’s corrective measures decision will be allowed with costs. Finally, the Agency’s decision will be quashed and referred back to the Agency for reconsideration in accordance with these Reasons. “M. Nadon” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-227-08 (APPEAL FROM A JUDGMENT OF THE FEDERAL COURT, 2008 FC 502, DATED APRIL 17, 2008) STYLE OF CAUSE: MAHER ZAYTOUN v. CANADIAN FOOD INSPECTION AGENCY PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: January 20, 2009 REASONS FOR JUDGMENT OF THE COURT BY: Nadon, Sharlow, Ryer JJ.A. DELIVERED FROM THE BENCH BY: Nadon J.A. APPEARANCES: Christopher Rootham FOR THE APPELLANT Alexandre Kaufman FOR THE RESPONDENT SOLICITORS OF RECORD: Nelligan O'Brien Payne LLP Ottawa, Ontario FOR THE APPELLANT John H. Sims Deputy Attorney General of Canada FOR THE RESPONDENT