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Date: 20060307

Dockets: A-173-05

Citation: 2006 FCA 99

CORAM:        NOËL J.A.

                        NADON J.A.

                        PELLETIER J.A.

BETWEEN:

ATTORNEY GENERAL OF CANADA

Appellant

and

PUBLIC SERVICE ALLIANCE OF CANADA

Respondent

Heard at Ottawa, Ontario, on March 7, 2006.

Judgment delivered from the Bench at Ottawa, Ontario, on March 7, 2006.

REASONS FOR JUDGMENT OF THE COURT BY:                                               NOËL J.A.


Date: 20060307

Dockets: A-173-05

Citation: 2006 FCA 99

CORAM:        NOËL J.A.

                        NADON J.A.

                        PELLETIER J.A.

BETWEEN:

ATTORNEY GENERAL OF CANADA

Appellant

and

PUBLIC SERVICE ALLIANCEOF CANADA

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Ottawa, Ontario, on March 7, 2006)

[1]                In our view, it was open to Tremblay-Lamer J. to conclude that the Reasons given by the Human Rights Tribunal for refusing to refer the matter for inquiry did not meet the standard of reasonableness.

[2]                Her decision to refer the matter for reconsideration will accordingly stand.

[3]                The appeal is therefore dismissed with one set of costs. A copy of these Reasons will be filed in A-174-05 and A-175-05, and will stand as Reasons for Judgment in those files.

"Marc Noël"

J.A.


FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                   A-173-05, A-174-05 & A-175-05

APPEAL FROM THE ORDERS OF THE FEDERAL COURT DATED MARCH 23, 2005

( DOCKET NO. T-1096-04, T-1098-04, T-1099-04)

STYLE OF CAUSE:                                                 A.G.C. v. P.S.A.C.

PLACE OF HEARING:                                             Ottawa, Ontario

DATE OF HEARING:                                               March 7, 2006

REASONS FOR JUDGMENT OF THE COURT: Noël, Nadon, Pelletier, JJA.

DELIVERED FROM THE BENCH BY:                 Noël, J.A.

APPEARANCES:

Mr. Alexander Gay                                                                                FOR THE APPELLANT

Mr. David Yazbeck                                                                               FOR THE RESPONDENT

SOLICITORS OF RECORD:

Mr. John H. Sims, Q.C.                                                                         FOR THE APPELLANT

Deputy Attorney General of Canada

Ottawa, Ontario

Raven, Allen, Cameron, Ballantyne                                                        FOR THE RESPONDENT

& Yazbeck

Ottawa,. Ontario

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