Digests

Labour Relations

Appeal from Federal Court order (2010 FC 154) allowing judicial review of appeals officer’s decision under Canada Labour Code, R.S.C., 1985, c. L-2, Part II—Federal Court applying correctness standard of review with respect to appeals officer’s decision—Finding determination of time limitation not within appeals officer’s expertise—Concluding phrase “confirmed in writing” in s. 146(1) not contemplating receipt of health, safety officer’s decision—Issues whether Federal Court erring in determining (1) applicable standard of review, (2) unreasonableness of appeals officer’s interpretation of s. 146(1)—Federal Court relying on Canada (Attorney General) v. Mowat, 2009 FCA 309, [2010] 4 F.C.R. 579 in concluding that nature of questions one of general law beyond expertise of appeals officer—In Mowat, question at issue determined to be of central importance to legal system as whole and outside specialized area of tribunal’s expertise—Herein, Federal Court not finding interpretation of s. 146(1) to be question of central importance—Interpretation of s. 146(1) giving rise to discrete question falling within single step of complex administrative scheme—Such interpretation question of law arising from appeals officer’s home statute—Provision at issue not subject to inconsistent interpretations—Presence of strong privative clauses under Code, ss. 146.3, 146.4—Appropriate standard of review therefore resaonableness—Phrase “confirmed in writing” lending itself to different interpretations, not clear on its own—Underlying purpose of confirmation to inform person for whose benefit confirmation occurs—Reading Code, ss. 145(1),(1.1),(5),(6) together demonstrating that confirmation for benefit of aggrieved party—Appeals officer’s decision not outside range of possible, acceptable outcomes, not inconsistent with object, purpose of statutory scheme—Appeal allowed.

Canada Post Corporation v. Canadian Union of Postal Workers (A-101-10, 2011 FCA 24, Layden-Stevenson J.A., judgment dated January 25, 2011, 15 pp.)