During the hearing of David Dunsmuir versus Her Majesty the Queen in Right of the Province of New Brunswick as represented by Board of Management which traspired on March 7, 2007, the Court of Appeal dismissed the appeal in favor of New Brunswick on grounds of lawful termination with cause whereby the judgement was given on May 15, 2008.
The Court of Appeal said that reasonableness was the correct standard and that the adjudicator was unreasonable because the employer dismissed the employee at pleasure, and that the common law rules did not require any more procedural fairness than Dunsmuir received. 
