[2012] 2 F.C.R. D-8
Labour relations
Judicial review of Minister of Labour’s appointment of arbitrator under Restoring Mail Delivery for Canadians Act, S.C. 2011, c. 17, s. 8—Applicant asking, in particular, Court to quash appointment on grounds Minister unreasonably exercised discretionary power ignoring bilingualism, expertise of arbitrator—Minister’s exercise of power to appoint arbitrator not to give way to, namely, gross unfairness—In case at hand, lack of transparency in appointment process, limited supporting grounds by Minister, laconic nature of Minister’s communications indicating Minister appearing to have failed to analyse arbitrator’s previous experience, bilingualism requirement—Decision by Minister therefore unreasonable, to be quashed—Application allowed in part.
Canadian Union of Postal Workers v. Canada Post Corporation (T-1344-11, 2012 FC 110, Martineau J., judgment dated January 30, 2012, 18 pp.)