Date: 19980217
Docket: A-19-97
CORAM: THE CHIEF JUSTICE
LINDEN, J.A.
MCDONALD, J.A.
BETWEEN:
MOHAMED A. ATTIAH
Applicant
- and -
CANADA POST CORPORATION,
UNION OF POSTAL COMMUNICATIONS EMPLOYEES
OF THE PUBLIC SERVICE ALLIANCE OF CANADA and
CANADA LABOUR RELATIONS BOARD
Respondents
Heard at Toronto, Ontario, Tuesday February 17, 1998
Judgment delivered from the Bench at Toronto, Ontario, Tuesday February17, 1998
REASONS FOR JUDGMENT BY: THE CHIEF JUSTICE
CONCURRED BY: LINDEN, J.A.
MCDONALD, J.A.
Date: 19980217
Docket: A-19-97
CORAM: THE CHIEF JUSTICE
LINDEN, J.A.
McDONALD, J.A.
BETWEEN:
MOHAMED A. ATTIAH
Applicant
- and -
CANADA POST CORPORATION,
UNION OF POSTAL COMMUNICATIONS EMPLOYEES
OF THE PUBLIC SERVICE ALLIANCE OF CANADA and
CANADA LABOUR RELATIONS BOARD
Respondents
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario
on Tuesday February 17, 1998)
THE CHIEF JUSTICE:
[1] The applicant brings this application for judicial review pursuant to section 28 of the Federal Court Act. In it he asks us to review and set aside a decision of the Canadian Labour Relations Board ("the Board") dated 10 December, 1996. In that decision the Board dismissed the applicant's complaint that the respondent unions had violated section 37 of the Canada Labour Code in the several respects alleged in the complaint.
[2] The decision is challenged on jurisdictional and other grounds detailed in the originating notice of motion which the applicant has filed in this proceeding.
[3] Having read the materials submitted by the applicant in support of the application and having considered them together with the oral submissions which the applicant made before us at the hearing of this application, we are far from satisfied that the Board made any error which warrants our intervention.
[4] We will, therefore, dismiss the application, but without costs, since the respondent unions have not shown any special reasons why such an award should be made.
"Julius A. Isaac"
C.J.
FEDERAL COURT OF CANADA
Date: 19980217
Docket: A-19-97
BETWEEN:
MOHAMED A. ATTIAH
Applicant
- and -
CANADA POST CORPORATION,
UNION OF POSTAL COMMUNICATIONS EMPLOYEES OF THE PUBLIC SERVICE ALLIANCE OF CANADA and
CANADA LABOUR RELATIONS BOARD
Respondents
REASONS FOR JUDGMENT
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-19-97
| STYLE OF CAUSE: MOHAMED A. ATTIAH |
- and -
| CANADA POST CORPORATION, |
| UNION OF POSTAL COMMUNICATIONS EMPLOYEES OF THE PUBLIC SERVICE ALLIANCE OF CANADA and |
| CANADA LABOUR RELATIONS BOARD |
DATE OF HEARING: FEBRUARY 17, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
| BY: ISAAC, C.J. |
DATED: FEBRUARY 17, 1998
Delivered from the Bench at Toronto, Ontario
on Tuesday February 17, 1998
APPEARANCES: Mr. Mohamed A. Attiah
For the Applicant
Mr. Brian A. O'Byrne
For the Respondent
(Canada Post Corporation)
Mr. David Yazbeck
For the Respondent
(Union of Postal Communications
| Employees of the Public Service Alliance |
| of Canada) |
Page 2
| SOLICITORS OF RECORD: Mr. Mohamed A. Attiah |
191 Montclair Avenue
Toronto, Ontario
M5P 1R1
For the Applicant
Mr. Andrew Raven
Raven Allen Cameron and Ballantyne
Barristers and Solicitors
Suite 1600
220 Laurier Avenue West
Ottawa, Ontario
K1P 5Z9
For the Respondent
(Union of Postal Communications
| Employees of the Public Service Alliance of Canada) |
Mr. Brian A. O'Byrne
Fasken Campbell Godfrey
Toronto Dominion Bank Tower
P.O. Box 20
Toronto, Ontario
M5K 1N6
For the Respondent
(Canada Post Corporation)
Ms. Johane Tremblay
Canada Labour Relations Board
C.D. Howe Building
240 Sparks Street
4th Floor - West Tower
Ottawa, Ontario
K1A 0X8
For the Respondent
(Canada Labour Relations Board)