Sioui c. Conseil de la Nation Huronne-Wendat
Marie-Claude Sioui
Law Firm / Organization
Therrien Couture Joli-Coeur
Lawyer(s)

Laval Dallaire

Conseil de la Nation Huronne-Wendat

- Parties: The appellant was Marie-Claude Sioui. The respondent was Conseil de la Nation Huronne-Wendat.

- Subject Matter: A judicial review application challenged an arbitral award refusing to uphold the appellant’s complaint challenging the respondent’s abolition of her position. Justice St-Louis of the Federal Court declined jurisdiction over the matter, which prompted this appeal. On appeal, the issue was whether the judge erroneously concluded that the Federal Court lacked jurisdiction to review the arbitral decision.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal. The appeal court ruled that the appeal failed because the judge committed no error justifying its intervention. The appeal court held that the judge exhaustively examined the relevant facts and the applicable legal principles and properly noted that the appellant formally withdrew her complaint under s. 240 of the Canada Labour Code, 1985 and chose to resort to private arbitration, which was the dispute resolution process established in s. 9 of the Unified Policy on Executive Management. The appeal court determined that the judge correctly concluded that the council was not a federal board, commission, or tribunal within the meaning of s. 18(1) of the Federal Courts Act, 1985.

- Date: The hearing was set on Oct. 30, 2024. The court released its decision on Oct. 30, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: The appeal court awarded costs in an unspecified amount.

Federal Court of Appeal
A-13-24
Labour law
$ 0
Respondent
11 January 2024