Marcom Resources Ltd. v. Canada (Employment, Workforce Development and Labour)

Marcom Resources Ltd. v. Canada (Employment, Workforce Development and Labour)

The Officer's assessment was unreasonable because she failed to adequately consider and explain why she rejected Marcom's evidence regarding the prevailing wage and its post‑hoc use of JobMatch; that failure amounted to fettering of discretion and rendered the negative LMIA unreasonable, requiring setting aside and remittal for a new assessment by a different officer.

Citation
2020 FC 182
Parties
Applicant: Marcom Resources Ltd.; Respondent: The Minister of Employment, Workforce Development and Labour
Court
Federal Court
Jurisdiction
Canada
Judgment Date
3 February 2020
Procedural Posture
Judicial Review (federal Court) / Judgment
Outcome
Application for judicial review granted; negative LMIA set aside and remitted to ESDC for a new assessment by a different officer; no question of general importance certified.
Legal Topics
Temporary Foreign Worker Program, Labour Market Impact Assessment, Prevailing Wage, Job Match Service, Fettering of Discretion, Procedural Fairness
Source Language
English
Immigration Administrative Law Labour Law Temporary Foreign Worker Program Labour Market Impact Assessment Prevailing Wage Job Match Service Fettering of Discretion +1 more

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Parties

Marcom Resources Ltd.

Applicant

The Minister of Employment, Workforce Development and Labour

Respondent

Procedural Posture

Judicial Review (federal Court) / Judgment

Legal Issues

  1. 1 Whether the ESDC Officer reasonably considered the Applicant's submissions and evidence regarding prevailing wage and use of JobMatch before issuing a negative LMIA
  2. 2 Whether the ESDC Officer fettered her discretion by relying on internal policy guidance without adequately considering the Applicant's explanations and evidence

Ratio Decidendi

The Officer's assessment was unreasonable because she failed to adequately consider and explain why she rejected Marcom's evidence regarding the prevailing wage and its post‑hoc use of JobMatch; that failure amounted to fettering of discretion and rendered the negative LMIA unreasonable, requiring setting aside and remittal for a new assessment by a different officer.

Court Disposition

Application for judicial review granted; negative LMIA set aside and remitted to ESDC for a new assessment by a different officer; no question of general importance certified.

Orders

  • The Application for Judicial Review is granted.
  • The negative Labour Market Impact Assessment dated April 12, 2019 is set aside.