Professional Institute of the Public Service of Canada v. Canada (Attorney General)
Applying the deferential standard of patent unreasonableness, the Court concluded the Public Service Labour Relations Board's decision fell within a range of reasonable outcomes and there was no basis for judicial intervention; the application for judicial review was dismissed.
Source-derived case information.
- Citation
- 2007 FCA 245
- Parties
- Applicant: Professional Institute of the Public Service of Canada; Respondent: Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 20 June 2007
- Procedural Posture
- Application for Judicial Review / Decision of the Federal Court of Appeal (reasons Delivered From the Bench)
- Outcome
- Application for judicial review dismissed with costs
- Legal Topics
- Standard of Review, Patent Unreasonableness, Deference to Administrative Tribunals, Judicial Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Professional Institute of the Public Service of Canada
Applicant
Attorney General of Canada
Respondent
Procedural Posture
Application for Judicial Review / Decision of the Federal Court of Appeal (reasons Delivered From the Bench)
Legal Issues
- 1 What is the applicable standard of review?
- 2 Whether the Public Service Labour Relations Board's decision was patently unreasonable
- 3 Whether the court should intervene and set aside the Board's decision
Ratio Decidendi
Applying the deferential standard of patent unreasonableness, the Court concluded the Public Service Labour Relations Board's decision fell within a range of reasonable outcomes and there was no basis for judicial intervention; the application for judicial review was dismissed.
Court Disposition
Application for judicial review dismissed with costs
Orders
- Application for judicial review dismissed
- Respondent awarded costs
Full Case Text
Judgment text and source record
1 paragraphs
Professional Institute of the Public Service of Canada v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2007-06-20 Neutral citation 2007 FCA 245 File numbers A-146-06 Decision Content : 20070620 Docket: A-146-06 Citation: 2007 FCA 245 CORAM: LINDEN J.A. PELLETIER J.A. RYER J.A. BETWEEN: PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA Applicant and ATTORNEY GENERAL OF CANADA Respondent Heard at Ottawa, Ontario, on June 20, 2007. Judgment delivered from the Bench at Ottawa, Ontario, on June 20, 2007. REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A. Date: 20070620 Docket: A-146-06 Citation: 2007 FCA 245 CORAM: LINDEN J.A. PELLETIER J.A. RYER J.A. BETWEEN: PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on June 20, 2007) PELLETIER J.A. [1] We are of the view that the application for judicial review should be dismissed. The parties are agreed that the standard of review is patent unreasonableness. [2] In light of the record before it, the Public Service Labour Relations Board was entitled to come to the decision it did. We see no basis for our intervention in light of the very deferential standard of review. [3] The application for judicial review is dismissed with costs. "J.D. Denis Pelletier" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-146-06 STYLE OF CAUSE: PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA and ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: June 20, 2007 REASONS FOR JUDGMENT OF THE COURT: LINDEN, PELLETIER, RYER JJ.A. RENDERED FROM THE BENCH BY: PELLETIER J.A. APPEARANCES: Mr. Chris Rootham For the Applicant Mr. Richard Fader For the Respondent SOLICITORS OF RECORD: Nelligan O'Brien Payne Ottawa, Ontario For the Applicant John Sims, Q.C. Deputy Attorney General of Canada Ottawa, Ontario For the Respondent