Morin v. Canada (Attorney General)
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Morin v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2006-03-07 Neutral citation 2006 FCA 94 File numbers A-625-05 Decision Content Date: 20060307 Docket: A-625-05 Citation: 2006 FCA 94 CORAM: DÉCARY J.A. NOËL J.A. NADON J.A. BETWEEN: SERGE MORIN Applicant AND ATTORNEY GENERAL OF CANADA and HUMAN RESOURCE CENTRES OF CANADA and ENTREPRISES KIEWIT LTÉE Respondents Motion in writing decided without appearance of the parties. Order delivered at Ottawa, Ontario, on March 7, 2006. REASONS FOR ORDER: NOËL J.A. CONCURRED IN BY: DÉCARY J.A. NADON J.A. Date: 20060307 Docket: A-625-05 Citation: 2006 FCA xx CORAM: DÉCARY J.A. NOËL J.A. NADON J.A. BETWEEN: SERGE MORIN Applicant AND ATTORNEY GENERAL OF CANADA and HUMAN RESOURCE CENTRES OF CANADA and ENTREPRISES KIEWIT LTÉE Respondents REASONS FOR ORDER [1] The Court has before it a motion for the preliminary dismissal of the application for judicial review on the grounds that it does not disclose any cause of action and that it is an abuse of process. [2] In my opinion, the Court does not have jurisdiction to hear the application and it would therefore be appropriate to discontinue it at this preliminary stage. In fact, as the Umpire explains, the applicant did not appeal the initial decision by the Board of Referees. The Commission had appealed that decision, but the appeal has since been withdrawn, such that the Board of Referee's decision is final. [3] As the application for judicial review is moo…
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Morin v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2006-03-07 Neutral citation 2006 FCA 94 File numbers A-625-05 Decision Content Date: 20060307 Docket: A-625-05 Citation: 2006 FCA 94 CORAM: DÉCARY J.A. NOËL J.A. NADON J.A. BETWEEN: SERGE MORIN Applicant AND ATTORNEY GENERAL OF CANADA and HUMAN RESOURCE CENTRES OF CANADA and ENTREPRISES KIEWIT LTÉE Respondents Motion in writing decided without appearance of the parties. Order delivered at Ottawa, Ontario, on March 7, 2006. REASONS FOR ORDER: NOËL J.A. CONCURRED IN BY: DÉCARY J.A. NADON J.A. Date: 20060307 Docket: A-625-05 Citation: 2006 FCA xx CORAM: DÉCARY J.A. NOËL J.A. NADON J.A. BETWEEN: SERGE MORIN Applicant AND ATTORNEY GENERAL OF CANADA and HUMAN RESOURCE CENTRES OF CANADA and ENTREPRISES KIEWIT LTÉE Respondents REASONS FOR ORDER [1] The Court has before it a motion for the preliminary dismissal of the application for judicial review on the grounds that it does not disclose any cause of action and that it is an abuse of process. [2] In my opinion, the Court does not have jurisdiction to hear the application and it would therefore be appropriate to discontinue it at this preliminary stage. In fact, as the Umpire explains, the applicant did not appeal the initial decision by the Board of Referees. The Commission had appealed that decision, but the appeal has since been withdrawn, such that the Board of Referee's decision is final. [3] As the application for judicial review is moot, it would be appropriate to discontinue it and, accordingly, it shall be dismissed. "M. Noël" J.A. "I concur. Robert Décary J.A." "I concur. M. Nadon J.A." Certified true translation Kelley A. Harvey, BCL, LLB FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-625-05 STYLE OF CAUSE: Serge Morin v. A.G.C. et al. MOTION IN WRITING DECIDED WITHOUT APPEARANCE OF THE PARTIES REASONS FOR ORDER: NOËL J.A. CONCURRED IN BY: DÉCARY J.A. NADON J.A. DATE OF REASONS: March 7, 2006 SUBMISSIONS IN WRITING: Serge Morin (representing himself) FOR THE APPLICANT Pauline Leroux FOR THE RESPONDENTS SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENTS
Source: decisions.fca-caf.gc.ca
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