Chopra v. Canada (Attorney General)
The Federal Court judge did not err in concluding there was no basis to overturn the adjudicator's finding of insubordination; accordingly the appeals fail and should be dismissed.
Source-derived case information.
- Citation
- 2015 FCA 205
- Parties
- Appellant: Shiv Chopra; Appellant: Margaret Haydon; Respondent: Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 22 September 2015
- Procedural Posture
- Judicial Review Appeal / Appeal to the Federal Court of Appeal From Federal Court Decision (applications for Judicial Review Dismissed by Mactavish J., 2014 FC 246)
- Outcome
- Appeals dismissed with costs
- Legal Topics
- Insubordination, Judicial Review, Standard of Review, Appellate Intervention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shiv Chopra
Appellant
Margaret Haydon
Appellant
Attorney General of Canada
Respondent
Procedural Posture
Judicial Review Appeal / Appeal to the Federal Court of Appeal From Federal Court Decision (applications for Judicial Review Dismissed by Mactavish J., 2014 FC 246)
Legal Issues
- 1 Whether the Federal Court judge erred in dismissing the applicants' judicial review applications as they related to the adjudicator's finding of insubordination
Ratio Decidendi
The Federal Court judge did not err in concluding there was no basis to overturn the adjudicator's finding of insubordination; accordingly the appeals fail and should be dismissed.
Court Disposition
Appeals dismissed with costs
Orders
- Appeals dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
Chopra v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2015-09-22 Neutral citation 2015 FCA 205 File numbers A-204-14, A-205-14 Decision Content Date: 20150922 Dockets: A-204-14 A-205-14 Citation: 2015 FCA 205 CORAM: NADON J.A. WEBB J.A. BOIVIN J.A. Docket: A-204-14 BETWEEN: SHIV CHOPRA Appellant and ATTORNEY GENERAL OF CANADA Respondent Docket: A-205-14 AND BETWEEN: MARGARET HAYDON Appellant and ATTORNEY GENERAL OF CANADA Respondent Heard at Ottawa, Ontario, on September 22, 2015. Judgment delivered from the Bench at Ottawa, Ontario, on September 22, 2015. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20150922 Dockets: A-204-14 A-205-14 Citation: 2015 FCA 205 CORAM: NADON J.A. WEBB J.A. BOIVIN J.A. Docket: A-204-14 BETWEEN: SHIV CHOPRA Appellant and ATTORNEY GENERAL OF CANADA Respondent Docket: A-205-14 AND BETWEEN: MARGARET HAYDON Appellant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on September 22, 2015). NADON J.A. [1] In appeals A-204-14 and A-205-14, the appellants challenge that part of Mactavish J.’s decision of March 25, 2014 (2014 FC 246) wherein she dismissed their applications for judicial review as they pertained to the adjudicator’s finding of insubordination. [2] We are all agreed that in so concluding, the Judge made no error which would justify intervention on our part. [3] The appeals will therefore be dismissed with costs. “M. Nadon” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD Dockets: A-204-14 and A-205-14 DOCKET: A-204-14 STYLE OF CAUSE: SHIV CHOPRA v. ATTORNEY GENERAL OF CANADA AND DOCKET: A-205-14 STYLE OF CAUSE: MARGARET HAYDON v. ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: September 22, 2015 REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. WEBB J.A. BOIVIN J.A. DELIVERED FROM THE BENCH BY: NADON J.A. APPEARANCES: James Cameron Michael Fisher For The Appellants Caroline Engmann For The Respondent SOLICITORS OF RECORD: Raven, Cameron, Ballantyne & Yazbeck LLP/s.r.l. Ottawa, Ontario For The Appellants William F. Pentney Deputy Attorney General of Canada For The Respondent