Date: 20050929
Docket: A-670-04
Citation: 2005 FCA 310
CORAM: DESJARDINS J.A.
BETWEEN:
MOHAMMAD ASLAM CHAUDHRY
Applicant
and
THE PUBLIC SERVICE STAFF RELATIONS BOARD
Respondent
Heard at Toronto, Ontario, on September 29, 2005.
Judgment delivered from the Bench at Toronto, Ontario, on September 29, 2005.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Date: 20050929
Docket: A-670-04
Citation: 2005 FCA 310
CORAM: DESJARDINS J.A.
BETWEEN:
MOHAMMAD ASLAM CHAUDHRY
Applicant
and
THE PUBLIC SERVICE STAFF RELATIONS BOARD
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on September 29, 2005)
[1] In June of 2004, the applicant's employment with the Correctional Service of Canada was terminated. He filed with the Public Service Staff Relations Board (now the Public Service Labour Relations Board) a grievance with respect to the termination, and a complaint under section 23 of thePublic Service Staff Relations Act alleging a violation of section 8 of that Act. The scheduling of the hearing of those matters was delayed for various reasons, either at the request or with the consent of the Public Service Alliance of Canada, the applicant's representative.
[2] On December 14, 2004, the applicant filed in this Court an application for judicial review seeking an order that his hearing be scheduled without delay, an order awarding him compensation for the delay, and an order that he should not be forced to be represented at the hearing by a solicitor, counsellor or other type of representative that he does not approve. In material filed in response to his application for judicial review, the Board filed the affidavit of an official who said, among other things, that the Board hearing was scheduled to be held in June of 2005.
[3] On June 22, 2005, the application for judicial review was set down for hearing in Toronto on September 29, 2005. However, on July 13, 2005, the Board rendered its decision with respect to the applicant's complaint and the grievance of his termination, having conducted a three day hearing.
[4] We are all of the view that the completion of the proceedings before the Board has rendered this matter moot with respect to the first and third remedies sought, and that no useful purpose would be served by permitting it to continue. The second remedy, the claim for compensation, cannot be granted in this proceeding: subsection 18.1(3) of the Federal Courts Act, R.S.C. 1985, c. F-7.
[5] For these reasons, this application will be dismissed. As the respondent has not asked for costs, none will be awarded.
"Karen R. Sharlow"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-670-04
STYLE OF CAUSE: MOHAMMAD ASLAM CHAUDHRY and THE PUBLIC SERVICE STAFF RELATIONS BOARD
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: SEPTEMBER 29, 2005
REASONS FOR JUDGMENT DESJARDINS J.A.
OF THE COURT: EVANS J.A.
SHARLOW J.A.
DELIVERED FROM
THE BENCH: SHARLOW J.A.
APPEARANCES:
Mohammad Aslam Chaudhry FOR THE APPLICANT, ON HIS OWN BEHALF
Anne Clark-McMunagle FOR THE RESPONDENT
SOLICITORS OF RECORD:
Mohammad Aslam Chaudhry FOR THE APPLICANT, ON HIS OWN BEHALF
Toronto, Ontario
Public Service Staff FOR THE RESPONDENT
Relations Board
Ottawa, Ontario