ADMINISTRATIVE LAW |
Judicial Review |
Jarvis v. Canada (Treasury Board)
T-1659-01
2004 FC 300, Martineau J.
27/2/04
7 pp.
Judicial review of adjudicator's decision that additions should be made to job descriptions to cover physical effort, health and safety, as well as occasional or close collaboration with laboratory employees--Application dismissed for three reasons--First, mere failure to mention certain evidence in decision does not constitute breach of rules of natural justice or procedural fairness--No legal obligation to set out every point of evidence in decision--Second, once there is evidence supporting conclusions of fact drawn by adjudicator, Court does not have to rule on assessment of evidence, despite fact it might perhaps have come to different conclusion--Here adjudicator's conclusions reasonably supported by evidence-- Third, reservations which Court may have regarding certain secondary aspects of adjudicator's reasoning do not in this case justify quashing of decision--Application dismissed.