Date: 20000525

Docket: A-191-99

    

CORAM:      THE HONOURABLE MADAME JUSTICE DESJARDINS

         THE HONOURABLE MR. JUSTICE ROTHSTEIN

         THE HONOURABLE MR. JUSTICE McDONALD

BETWEEN:

     MICHEL R. DARGIS and PAUL A. LEBLANC

     Appellants

     - and -

     HER MAJESTY THE QUEEN IN RIGHT OF CANADA

     AS REPRESENTED BY TREASURY BOARD

     REASONS FOR JUDGMENT OF THE COURT

     (Delivered from the Bench on Thursday, May 25, 2000)

McDONALD J.A.

[1]      A review of the adjudicator"s reasons indicates that although he referred to the relevant provisions of the Group Specific Agreement and the Master Agreement, he did not have regard to them in his analysis of the matter before him.

[2]      The adjudicator makes reference to 8 hours when clause M.GS20.11(B) of the Master Agreement clearly refers to 10 hours.

[3]      The parties agree that it was the 10 hours that was in issue.

[4]      As we are not satisfied that the adjudicator analysed the relevant provision, we find his decision to be patently unreasonable.

[5]      We would allow the appeal, set aside the decision of the Motion Judge and the adjudicator and remit the matter to a different adjudicator for redetermination.

     "F.J. McDonald"

     J.A.