Date: 20000525
Docket: A-191-99
CORAM: THE HONOURABLE MADAME JUSTICE DESJARDINS
THE HONOURABLE MR. JUSTICE ROTHSTEIN
THE HONOURABLE MR. JUSTICE McDONALD
BETWEEN:
MICHEL R. DARGIS and PAUL A. LEBLANC
Appellants
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
AS REPRESENTED BY TREASURY BOARD
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench on Thursday, May 25, 2000)
McDONALD J.A.
[1] A review of the adjudicator"s reasons indicates that although he referred to the relevant provisions of the Group Specific Agreement and the Master Agreement, he did not have regard to them in his analysis of the matter before him.
[2] The adjudicator makes reference to 8 hours when clause M.GS20.11(B) of the Master Agreement clearly refers to 10 hours.
[3] The parties agree that it was the 10 hours that was in issue.
[4] As we are not satisfied that the adjudicator analysed the relevant provision, we find his decision to be patently unreasonable.
[5] We would allow the appeal, set aside the decision of the Motion Judge and the adjudicator and remit the matter to a different adjudicator for redetermination.
"F.J. McDonald"
J.A.