Barry v. Canada ( Treasury Board )
A-580-96
Robertson J.A.
22/10/97
3 pp.
Standard of review for judicial awards-Appeal from Motions Judge's order dismissing application for judicial review of decision rendered by adjudicator under PSSR Act-Adjudicator held respondent employer had made every reasonable effort to accommodate appellant employee's request for leave-Appeal dismissed-Motions Judge erred in saying as privative clause in Act repealed as of June 1, 1993, proper standard of review whether adjudicator's decision supportable by evidence-Well established, before and after June 1, 1993, standard of review for arbitral awards involving interpretation of collective agreement whether decision patently unreasonable-Motions Judge did not err in refusing to allow judicial review application-Although adjudicator's decision not model of clarity, did not misapprehend ultimate issue to be decided, nor was decision "irrational"-Public Service Staff Relations Act, R.S.C., 1985, c. P-35.