Date: 20000601
Docket: A-233-98
CORAM: ROBERTSON J.A.
NOËL J.A.
MCDONALD J.A.
BETWEEN:
GRACE CHISHLOM
Appellant
- and -
THE BANK OF NOVA SCOTIA
Respondent
Heard at Toronto, Ontario, Thursday, June 1, 2000
Judgment Delivered at Toronto, Ontario
on Thursday, June 1, 2000
REASONS FOR JUDGMENT OF THE COURT BY: ROBERTSON J.A.
Date: 20000601
Docket: A-233-98
CORAM: ROBERTSON J.A.
NOËL J.A.
MCDONALD J.A.
BETWEEN:
GRACE CHISHLOM
Appellant
- and -
THE BANK OF NOVA SCOTIA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Thursday, June 1, 2000)
ROBERTSON J.A.
[1] This appeal is from an order dismissing the appellant"s application for judicial review of a decision rendered by an adjudicator under section 242 of the Canada Labour Code . The Motions Judge held that the adjudicator committed no patently unreasonable error in concluding that the appellant was justly dismissed by the respondent bank. The adjudicator had found that the appellant"s conduct "was dishonest and lacking in integrity and resulted in a misappropriation of the Bank"s funds to her own benefit." The adjudicator then addressed the issue whether dismissal was warranted having regards, inter alia , to the appellant"s twelve years of service with the respondent. With respect to this issue the adjudicator reasoned that: "The circumstances here, having regard to the nature of [the appellant"s] misconduct and her lack of candour at the hearing, lead to the conclusion that substitution of a lesser penalty would be inappropriate." Like the Motions Judge, we are unable to discern any legal basis on which to interfere with the adjudicator"s decision having regard to the applicable standard of review. The appeal will therefore be dismissed with costs.
"J. T. Robertson"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| DOCKET: A-233-98 |
| STYLE OF CAUSE: GRACE CHISHLOM |
Appellant
| - and - |
| THE BANK OF NOVA SCOTIA |
Respondent
DATE OF HEARING: THURSDAY, JUNE 1, 2000
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
| OF THE COURT BY: ROBERTSON J.A. |
Delivered from the Bench at
Toronto, Ontario on Thursday, June 1, 2000
APPEARANCES: Mr. Osborne G. Barnwell
| For the Appellant |
Ms. Peigi R. Ross
| For the Respondent |
| SOLICITORS OF RECORD: Ferguson, Barnwell |
Barristers & Solicitors
| 515 Consumers Road, Suite 310 |
North York, Ontario
| M2J 4Z2 |
| For the Appellant |
| Hicks Morley Hamilton Storie |
Barristers & Solicitors
| T.D. Tower, 13th Floor |
Box 371, TD Centre
| Toronto, Ontario |
| M6K 1K8 |
| For the Respondent |
FEDERAL COURT OF APPEAL
Date: 20000601
Docket: A-238-98
BETWEEN:
| GRACE CHISHOLM |
Appellant
| - and - |
| THE BANK OF NOVA SCOTIA |
Respondent
| REASONS FOR JUDGMENT |
| OF THE COURT |