Canada (Attorney General) v. Ouellet
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Canada (Attorney General) v. Ouellet Court (s) Database Federal Court of Appeal Decisions Date 2010-10-13 Neutral citation 2010 FCA 268 File numbers A-67-10 Decision Content Federal Court of Appeal Cour d’appel fédérale Date: 20101013 Docket: A-67-10 Citation: 2010 FCA 268 CORAM: NADON J.A. TRUDEL J.A. MAINVILLE J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and STEVE OUELLET Respondent Hearing held at Montréal, Quebec, on October 13, 2010. Judgment delivered from the Bench at Montréal, Quebec, on October 13, 2010. REASONS FOR JUDGMENT OF THE COURT BY: TRUDEL J.A. Federal Court of Appeal Cour d’appel fédérale Date: 20101013 Docket: A-67-10 Citation: 2010 FCA 268 CORAM: NADON J.A. TRUDEL J.A. MAINVILLE J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and STEVE OUELLET Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on October 13, 2010) TRUDEL J.A. [1] We are of the view that the application for judicial review of the decision of the Canada Agricultural Review Tribunal (RTA60361) should be allowed. [2] It is clear from the Tribunal’s decision that the alleged event occurred in the course of transport, thus resulting in the violation. [3] Consequently, the Tribunal’s decision will be set aside, and the matter will be remitted back to the Tribunal for (a) redetermination on the basis that the respondent Steve Ouellet committed the violation under subsection 141(1) of the Health of Animals Regulations, C.R.C., c. 296; and (…
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Canada (Attorney General) v. Ouellet Court (s) Database Federal Court of Appeal Decisions Date 2010-10-13 Neutral citation 2010 FCA 268 File numbers A-67-10 Decision Content Federal Court of Appeal Cour d’appel fédérale Date: 20101013 Docket: A-67-10 Citation: 2010 FCA 268 CORAM: NADON J.A. TRUDEL J.A. MAINVILLE J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and STEVE OUELLET Respondent Hearing held at Montréal, Quebec, on October 13, 2010. Judgment delivered from the Bench at Montréal, Quebec, on October 13, 2010. REASONS FOR JUDGMENT OF THE COURT BY: TRUDEL J.A. Federal Court of Appeal Cour d’appel fédérale Date: 20101013 Docket: A-67-10 Citation: 2010 FCA 268 CORAM: NADON J.A. TRUDEL J.A. MAINVILLE J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and STEVE OUELLET Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on October 13, 2010) TRUDEL J.A. [1] We are of the view that the application for judicial review of the decision of the Canada Agricultural Review Tribunal (RTA60361) should be allowed. [2] It is clear from the Tribunal’s decision that the alleged event occurred in the course of transport, thus resulting in the violation. [3] Consequently, the Tribunal’s decision will be set aside, and the matter will be remitted back to the Tribunal for (a) redetermination on the basis that the respondent Steve Ouellet committed the violation under subsection 141(1) of the Health of Animals Regulations, C.R.C., c. 296; and (b) assessment of the appropriate penalty in this case. “Johanne Trudel” J.A. Certified true translation Michael Palles FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-67-10 STYLE OF CAUSE: AGC v. STEVE OUELLET PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: October 13, 2010 REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. TRUDEL J.A. MAINVILLE J.A. DELIVERED FROM THE BENCH BY: TRUDEL J.A. APPEARENCES: Pascale-Catherine Guay FOR THE APPLICANT Steve Ouellet (On his own behalf) FOR THE RESPONDENT SOLICITORS OF RECORD: Myles J. Kirvan Deputy Attorney General of Canada FOR THE APPLICANT
Source: decisions.fca-caf.gc.ca
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