Gagnon v. Canada (Attorney General)
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Gagnon v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2007-04-25 Neutral citation 2007 FCA 164 File numbers A-106-06 Decision Content Date: 20070425 Docket: A-106-06 Citation: 2007 FCA 164 CORAM: DÉCARY J.A. NADON J.A. PELLETIER J.A. BETWEEN: ANDRÉE GAGNON Appellant and ATTORNEY GENERAL OF CANADA Respondent Hearing held at Ottawa, Ontario, on April 25, 2007. Judgment delivered at Ottawa, Ontario, on April 25, 2007. REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A. Date: 20070425 Docket: A-106-06 Citation: 2007 FCA 164 CORAM: DÉCARY J.A. NADON J.A. PELLETIER J.A. BETWEEN: ANDRÉE GAGNON Appellant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Ottawa, Ontario, on April 25, 2007) DÉCARY J.A. [1] We are of the opinion that Harrington J. (2006 FC 216) was correct in concluding that the “possible corrective measures” mentioned in the Directive on Recourse in Staffing issued by the Canada Revenue Agency do not include ordering that a person be appointed to a position within the Agency. Therefore, the “independent third party” exceeded its jurisdiction in ordering that the position in question be given to the appellant. [2] The appeal will be dismissed with costs. “Robert Décary” J.A. Certified true translation Michael Palles SOLICITORS OF RECORD DOCKET: A-106-06 APPEAL FROM AN ORDER OF HARRINGTON J. DATED FEBRUARY 17, 2006. DOCKET NO. T-2207-04. STYLE OF CAUSE: Andrée Gagnon v. Attorney …
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Gagnon v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2007-04-25 Neutral citation 2007 FCA 164 File numbers A-106-06 Decision Content Date: 20070425 Docket: A-106-06 Citation: 2007 FCA 164 CORAM: DÉCARY J.A. NADON J.A. PELLETIER J.A. BETWEEN: ANDRÉE GAGNON Appellant and ATTORNEY GENERAL OF CANADA Respondent Hearing held at Ottawa, Ontario, on April 25, 2007. Judgment delivered at Ottawa, Ontario, on April 25, 2007. REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A. Date: 20070425 Docket: A-106-06 Citation: 2007 FCA 164 CORAM: DÉCARY J.A. NADON J.A. PELLETIER J.A. BETWEEN: ANDRÉE GAGNON Appellant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Ottawa, Ontario, on April 25, 2007) DÉCARY J.A. [1] We are of the opinion that Harrington J. (2006 FC 216) was correct in concluding that the “possible corrective measures” mentioned in the Directive on Recourse in Staffing issued by the Canada Revenue Agency do not include ordering that a person be appointed to a position within the Agency. Therefore, the “independent third party” exceeded its jurisdiction in ordering that the position in question be given to the appellant. [2] The appeal will be dismissed with costs. “Robert Décary” J.A. Certified true translation Michael Palles SOLICITORS OF RECORD DOCKET: A-106-06 APPEAL FROM AN ORDER OF HARRINGTON J. DATED FEBRUARY 17, 2006. DOCKET NO. T-2207-04. STYLE OF CAUSE: Andrée Gagnon v. Attorney General of Canada PLACE OF HEARING: Ottawa DATE OF HEARING: April 25, 2007 REASONS FOR JUDGMENT OF THE COURT BY: Décary, Nadon & Pelletier JJ.A. DELIVERED FROM THE BENCH BY: Décary J.A. APPEARANCES: James Cameron FOR THE APPELLANT Alexander Gay FOR THE RESPONDENT SOLICITORS OF RECORD: Raven, Cameron, Ballantyne & Yazbeck LLP/s.r.l. Ottawa, Ontario FOR THE APPELLANT John H. Sims Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca
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