Canada v. Vandal
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Canada v. Vandal Court (s) Database Federal Court of Appeal Decisions Date 2009-05-28 Neutral citation 2009 FCA 179 File numbers A-551-08 Decision Content Cour d'appel fédérale CANADA Federal Court of Appeal Date: 20090528 Docket: A-551-08 Citation: 2009 FCA 179 CORAM: DESJARDINS J.A. NOËL J.A. BLAIS J.A. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA Appellant and ÉRIC VANDAL JACQUES ST-PIERRE JOËL TURBIS PHILIPPE GOSSELIN Respondents Hearing held at Montréal, Quebec, on May 28, 2009. Judgment delivered from the Bench at Montréal, Quebec, on May 28, 2009. REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. Date: 20090528 Docket: A-551-08 Citation: 2009 FCA 179 CORAM: DESJARDINS J.A. NOËL J.A. BLAIS J.A. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA Appellant and ÉRIC VANDAL JACQUES ST-PIERRE JOËL TURBIS PHILIPPE GOSSELIN Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on May 28, 2009) DESJARDINS J.A. [1] The appeals officer, appointed under section 145.1 of the Canada Labour Code, R.S.C., 1985, c. L-2, has now rendered his final decision, which is the subject of an application for judicial review in the Federal Court. Accordingly, the appeal before this Court of the decision of the trial judge (Canada v. Vandal, 2008 FC 1116, M. Lagacé D.J.), who dismissed as premature the application for judicial review of the interlocutory decision of the appeals officer on his jurisdiction to hear the matter, has become moot. [2] The p…
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Canada v. Vandal Court (s) Database Federal Court of Appeal Decisions Date 2009-05-28 Neutral citation 2009 FCA 179 File numbers A-551-08 Decision Content Cour d'appel fédérale CANADA Federal Court of Appeal Date: 20090528 Docket: A-551-08 Citation: 2009 FCA 179 CORAM: DESJARDINS J.A. NOËL J.A. BLAIS J.A. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA Appellant and ÉRIC VANDAL JACQUES ST-PIERRE JOËL TURBIS PHILIPPE GOSSELIN Respondents Hearing held at Montréal, Quebec, on May 28, 2009. Judgment delivered from the Bench at Montréal, Quebec, on May 28, 2009. REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. Date: 20090528 Docket: A-551-08 Citation: 2009 FCA 179 CORAM: DESJARDINS J.A. NOËL J.A. BLAIS J.A. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA Appellant and ÉRIC VANDAL JACQUES ST-PIERRE JOËL TURBIS PHILIPPE GOSSELIN Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on May 28, 2009) DESJARDINS J.A. [1] The appeals officer, appointed under section 145.1 of the Canada Labour Code, R.S.C., 1985, c. L-2, has now rendered his final decision, which is the subject of an application for judicial review in the Federal Court. Accordingly, the appeal before this Court of the decision of the trial judge (Canada v. Vandal, 2008 FC 1116, M. Lagacé D.J.), who dismissed as premature the application for judicial review of the interlocutory decision of the appeals officer on his jurisdiction to hear the matter, has become moot. [2] The parties acknowledged that, in challenging the final decision, they could present all the arguments that they intended to submit to this Court, such that, aside from the time factor, they would suffer no prejudice. [3] In these circumstances, it is best that the issues be addressed in the context of the final decision. [4] The appeal will therefore be dismissed with costs. “Alice Desjardins” J.A. Certified true translation Tu‑Quynh Trinh FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-551-08 (APPEAL OF A DECISION OF THE HONOURABLE MAURICE E. LAGACÉ, DEPUTY JUDGE OF THE FEDERAL COURT, DATED OCTOBER 7, 2008, DOCKET NUMBER T‑2110-07). STYLE OF CAUSE: HER MAJESTY THE QUEEN IN RIGHT OF CANADA v. ÉRIC VANDAL ET AL PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: May 28, 2009 REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. NOËL J.A. BLAIS J.A. DELIVERED FROM THE BENCH BY: DESJARDINS J.A. APPEARANCES: Nadine Perron Nadia Hudon FOR THE APPELLANT Marie Pepin FOR THE RESPONDENTS SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada Montréal, Quebec FOR THE APPELLANT Marie Pepin Avocate Inc. Montréal, Quebec FOR THE RESPONDENTS
Source: decisions.fca-caf.gc.ca