Date: 20020507
Docket: A-807-00
Neutral citation: 2002 FCA 178
CORAM: STONE J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Appellant
and
JOHN KING
Respondent
Heard at Ottawa, Ontario, on Tuesday, May 7, 2002.
Judgment delivered at Ottawa, Ontario, on Tuesday, May 7, 2002.
REASONS FOR JUDGMENT BY: STONE J.A.
Date: 20020507
Docket: A-807-00
Neutral citation: 2002 FCA 178
CORAM: STONE J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Appellant
and
JOHN KING
Respondent
REASONS FOR JUDGMENT
[1] Both parties agree that the Motions Judge was correct in reviewing the decision of the Adjudicator in this matter for patent unreasonableness in the sense that it had to be clearly irrational before the Court could intervene.
[2] We are not persuaded that the Adjudicator's decision can be viewed as clearly irrational. We say this despite the able argument of counsel for the appellant to the effect that the Adjudicator's decision was patently unreasonable.
[3] The appeal will be dismissed with costs.
"A.J. STONE"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-807-00
STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA v. JOHN KING
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: May 7, 2002
REASONS FOR JUDGMENT OF THE COURT (Stone, Noël, Sexton, JJ.A.)
RENDERED FROM THE BENCH BY: Stone, J.A.
APPEARANCES:
Mr. Harvey A. Newman for the Appellant
Mr. Richard E. Fader
Mr. Andrew Raven for the Respondent
SOLICITORS OF RECORD:
Mr. Morris Rosenberg for the Appellant
Deputy Attorney General of Canada
Raven, Allen, Cameron & Ballantyne for the Respondent
Ottawa, Ontario