ALLAIN c. Canada (Attorney General)
Court headnote
ALLAIN c. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2001-02-20 Neutral citation 2001 FCA 28 File numbers A-38-98 Decision Content Docket: A-38-98 OTTAWA, ONTARIO, FEBRUARY 20, 2001 CORAM: DÉCARY J.A. LÉTOURNEAU J.A. NOËL J.A. BETWEEN: ROSEMONDE ALLAIN Applicant - and - THE ATTORNEY GENERAL OF CANADA Respondent JUDGMENT The application for judicial review is dismissed with costs. Robert Décary J.A. Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. Date: 20010220 Docket: A-38-98 2001 FCA 28 CORAM: DÉCARY J.A. LÉTOURNEAU J.A. NOËL J.A. BETWEEN: ROSEMONDE ALLAIN Applicant - and - THE ATTORNEY GENERAL OF CANADA Respondent Hearing by teleconference at Ottawa, Ontario on Tuesday, February 20, 2001 Judgment from the bench at Ottawa, Ontario on Tuesday, February 20, 2001 REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A. Date: 20010220 Docket: A-38-98 2001 FCA 28 CORAM: DÉCARY J.A. LÉTOURNEAU J.A. NOËL J.A. BETWEEN: ROSEMONDE ALLAIN Applicant - and - THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Ottawa, Ontario on Tuesday, February 20, 2001) DÉCARY J.A. [1] Despite Mr. Boudreau's skilful presentation, we were not persuaded that the umpire made any reviewable error. Exhibit P-5, which is the statement made to a Commission officer by the claimant, contains sufficient information to support the finding of fact made by the umpire. It is true that Exhibit P-8, to which the umpir…
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ALLAIN c. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2001-02-20 Neutral citation 2001 FCA 28 File numbers A-38-98 Decision Content Docket: A-38-98 OTTAWA, ONTARIO, FEBRUARY 20, 2001 CORAM: DÉCARY J.A. LÉTOURNEAU J.A. NOËL J.A. BETWEEN: ROSEMONDE ALLAIN Applicant - and - THE ATTORNEY GENERAL OF CANADA Respondent JUDGMENT The application for judicial review is dismissed with costs. Robert Décary J.A. Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. Date: 20010220 Docket: A-38-98 2001 FCA 28 CORAM: DÉCARY J.A. LÉTOURNEAU J.A. NOËL J.A. BETWEEN: ROSEMONDE ALLAIN Applicant - and - THE ATTORNEY GENERAL OF CANADA Respondent Hearing by teleconference at Ottawa, Ontario on Tuesday, February 20, 2001 Judgment from the bench at Ottawa, Ontario on Tuesday, February 20, 2001 REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A. Date: 20010220 Docket: A-38-98 2001 FCA 28 CORAM: DÉCARY J.A. LÉTOURNEAU J.A. NOËL J.A. BETWEEN: ROSEMONDE ALLAIN Applicant - and - THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Ottawa, Ontario on Tuesday, February 20, 2001) DÉCARY J.A. [1] Despite Mr. Boudreau's skilful presentation, we were not persuaded that the umpire made any reviewable error. Exhibit P-5, which is the statement made to a Commission officer by the claimant, contains sufficient information to support the finding of fact made by the umpire. It is true that Exhibit P-8, to which the umpire did not expressly refer, sets out the facts from a slightly different standpoint, but not in our opinion to such an extent as to contradict the gist of the testimony contained in Exhibit P-5 or to suggest that the umpire did not consider it. [2] The application for judicial review will be dismissed. As the respondent did not apply for costs, it would not be appropriate to award any. Robert Décary J.A. Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD FILE: A-38-98 STYLE OF CAUSE: ROSEMONDE ALLAIN and THE ATTORNEY GENERAL OF CANADA PLACE OF TELECONFERENCE: OTTAWA, ONTARIO HALIFAX, NOVA SCOTIA CARAQUET, NEW BRUNSWICK DATE OF TELECONFERENCE: FEBRUARY 20, 2001 REASONS FOR JUDGMENT OF THE COURT:DÉCARY, LÉTOURNEAU AND NOËL J.J.A. DATED: FEBRUARY 20, 2001 APPEARANCES: Denis J. Boudreau FOR THE APPLICANT Ginette Mazerolle FOR THE RESPONDENT SOLICITORS OF RECORD: Doiron, LeBouthillier, Boudreau FOR THE APPLICANT Tracadie-Sheila, New Brunswick Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Ottawa, Ontario
Source: decisions.fca-caf.gc.ca