Fabrikant v. Canada

Fabrikant v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2013-09-12
Neutral citation
2013 FCA 212
File numbers
A-26-13
Decision Content
Date: 20130912
Docket:
A-26-13
Citation: 2013 FCA 212
CORAM:
NOËL J.A.
TRUDEL J.A.
MAINVILLE J.A.
BETWEEN:
DR. V.I. FABRIKANT
Appellant
and
HER MAJESTY THE QUEEN
IN RIGHT OF CANADA,
CORRECTIONAL SERVICE CANADA
Respondents
Heard at Montréal, Quebec, on September 12, 2013.
Judgment delivered from the Bench at Montréal, Quebec, on September 12, 2013.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20130912
Docket:
A-26-13
Citation: 2013 FCA 212
CORAM:
NOËL J.A.
TRUDEL J.A.
MAINVILLE J.A.
BETWEEN:
DR. V.I. FABRIKANT
Appellant
and
HER MAJESTY THE QUEEN
IN RIGHT OF CANADA,
CORRECTIONAL SERVICE CANADA
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montréal, Quebec, on September 12, 2013).
NOËL J.A.
The motion to allow new evidence to establish that Correctional Service Canada is in a position to provide the Appellant with a second parka is allowed, and the appeal from the interlocutory order of the Federal Court is dismissed with costs, no error having been demonstrated in the Federal Court judge’s exercise of discretion.
"Marc Noël"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Docket:
A-26-13
(APPEAL FROM AN ORDER OF JUSTICE BÉDARD DATED DECEMBER 19, 2012, DOCKET NO. T-1764-12)
STYLE OF CAUSE:
DR. V.I. FABRIKANT v. HER MAJESTY THE QUEEN IN RIGHT OF CANADA, CORRECTIONAL SERVICE CANADA
PLACE OF HEARING:
Montréal, Quebec
DATE OF HEARING:
SEPTEMBER 12, 2013
REASONS FOR JUDGMENT OF THE COURT BY:
NOËL J.A.
TRUDEL J.A.
MAINVILLE J.A.
DELIVERED FROM THE BENCH BY:
NOËL J.A.
APPEARANCES:
Dr. Valery Fabrikant
FOR THE APPELLANT
(ON HIS OWN BEHALF)
Pascale-Catherine Guay
For The RespondentS
SOLICITORS OF RECORD:
William F. Pentney
Deputy Attorney General of Canada
For The RespondentS