Canadian Air Line Pilots Assn. v. Eamor
A-467-96
Marceau J.A.
18/6/97
4 pp.
Application for judicial review of Canada Labour Relations Board decision finding applicant had failed to fulfil its duty of fair representation toward its member when latter dismissed by employer, Air Canada-Application dismissed-Although reasons somewhat unclear and ambiguous, Board's reasons sound and not to be interfered with-Not irrational to find Code, s. 37 breach had been ongoing and became irreparable; or to assess applicant's attitude and infer its state of mind through actions of its officers-No reason to intervene with remedy ordered by Board: costs and damages-Award of costs rationally connected to s. 37 breach and consequences within meaning of Code, s. 99(2)-Potential award of damages not insupportable under broad remedial discretion conferred by s. 99(2) as not punitive in nature, not infringing Charter and not contradicting purposes of Code: Royal Oak Mines Inc. v. Canada (Labour Relations Board), [1996] 1 S.C.R. 369-Canada Labour Code, R.S.C., 1985, c. L-2, ss. 37, 99(2).