Fauteux v. Canada (Attorney General)

Fauteux v. Canada (Attorney General)
Court (s) Database
Federal Court of Appeal Decisions
Date
2015-11-24
Neutral citation
2015 FCA 262
File numbers
A-111-15
Decision Content
Date: 20151124
Docket: A-111-15
Citation: 2015 FCA 262
CORAM:
GAUTHIER J.A.
BOIVIN J.A.
DE MONTIGNY J.A.
BETWEEN:
PIERRE FAUTEUX
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
Heard at Montréal, Quebec, on November 24, 2015.
Judgment delivered from the Bench at Montréal, Quebec, on November 24, 2015.
REASONS FOR JUDGMENT OF THE COURT BY:
BOIVIN J.A.
Date: 20151124
Docket: A-111-15
Citation: 2015 FCA 262
CORAM:
GAUTHIER J.A.
BOIVIN J.A.
DE MONTIGNY J.A.
BETWEEN:
PIERRE FAUTEUX
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montréal, Quebec, on November 24, 2015.)
BOIVIN J.A.
[1] We are all of the opinion that there is no reason to intervene.
[2] We are not satisfied that the Chairperson of the Canada Agricultural Review Tribunal (Tribunal) erred in the exercise of his discretion in case management when deciding that it was preferable to decide the preliminary argument raised by the applicant during the hearing on the merits before the Tribunal.
[3] More specifically, the application for judicial review filed by the applicant seeks an interlocutory decision, and there are no exceptional circumstances in the case at hand that would give rise to a judicial review while the administrative process is still ongoing (C.B. Powell Limited v. Canada (Border Services Agency), 2010 FCA 61, [2011] 2 F.C.R. 332, at paragraph 33).
[4] The application for judicial review will therefore be dismissed, without costs.
“Richard Boivin”
J.A.
Certified true translation
François Brunet, revisor
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET:
A-111-15
(APPEAL FROM A JUDGMENT OF CHAIRPERSON DON BUCKINGHAM OF THE CANADA AGRICULTURAL REVIEW TRIBUNAL DATED FEBRUARY 18, 2015, DOCKET NO. PV(ACIA)1213QC0169-1, CART/CRAC-1780.)
STYLE OF CAUSE:
PIERRE FAUTEUX v. ATTORNEY GENERAL OF CANADA
PLACE OF HEARING:
Montréal, QuEbec
DATE OF HEARING:
NOVEMBER 24, 2015
REASONS FOR JUDGMENT OF THE COURT BY:
GAUTHIER J.A.
BOIVIN J.A.
DE MONTIGNY J.A.
DELIVERED FROM THE BENCH BY:
BOIVIN J.A.
APPEARANCES:
Vincent Lamontagne
FOR THE APPLICANT
Dominique Guimond
Laurent Brisebois
FOR THE RESPONDENT
SOLICITORS OF RECORD:
RICHER & ASSOCIÉS
Sherbrooke, Quebec
FOR THE APPLICANT
William F. Pentney
Deputy Attorney General of Canada
FOR THE RESPONDENT