PUBLIC SERVICE |
Labour Relations |
Frève v. Canada (Attorney General)
T-1611-99
Tremblay-Lamer J.
9/3/00
4 pp.
Application to transfer application for judicial review to Federal Court of Appeal pursuant Federal Court Rules, 1998, r. 49--Application allowed--Only question whether when deputy president made decision in October 1999, acted as Board, thereby giving Federal Court of Appeal exclusive jurisdiction under Federal Court Act s. 28(1)(i) to hear application for judicial review, or whether acted instead as grievance adjudicator, giving Trial Division jurisdiction--When deputy president ruled on application for extension of time under PSSRB Regulations and Rules of Procedure, s. 63(b), acted as Board--S. 96.1 allows grievance adjudicator to exercise discretionary authority of Board only in relation to adjudication--In case at bar when application for extension of time heard adjudication not yet before deputy president--PSSRB Regulations and Rules of Procedure, 1993, SOR/93-348, s. 63(b)--Federal Court Act, R.S.C., 1985, c. F-7, s. 28(1)(i) (as am. by S.C. 1990, c. 8, s. 8)--Federal Court Rules, 1998, SOR/98-106, r. 49.