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Contrôle judiciaire d’un refus de la PCU rejeté : la Cour conclut que la décision de deuxième examen de l’ARC était raisonnable et refuse les dépens.
Judicial review of a Commissioner of Official Languages report was dismissed. The Court held the investigation addressed Part VII, including section 43, and was not unreasonable.
The General Division correctly applied the CPP and statutory law: the credit split was mandatory once the Minister was notified of the post‑1987 divorce and could not be reversed because the ex‑spouse was deceased and the pension was payable only to the Claimant; therefore the appeal was bound to fail and summary dismissal was proper.
Source excerpt
The Federal Court upheld the Minister of Labour’s appointment of an adjudicator in an unjust dismissal complaint under the Canada Labour Code.
The Federal Court held that the Toronto Port Authority was properly named as a respondent under s. 45(2) of the Canada Marine Act and added the Deluce Parties as respondents.
Motion to strike in a judicial review was dismissed. The Court held it was not plain and obvious that the application was outside Federal Court jurisdiction or that an advisory panel was an adequate alternative remedy.
The Federal Court held that the Commission’s recovery proceedings and garnishment for the disputed Employment Insurance overpayment were unlawful and time-barred.
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