Arcand v. Abiwin Co-operative Inc.

Arcand v. Abiwin Co-operative Inc.
Court (s) Database
Federal Court of Appeal Decisions
Date
2011-05-17
Neutral citation
2011 FCA 170
File numbers
A-230-10
Decision Content
Federal Court of Appeal
Cour d'appel fédérale
Date: May 17, 2011
Docket: A-230-10
Citation: 2011 FCA 170
CORAM: BLAIS C.J.
SHARLOW J.A.
LAYDEN-STEVENSON J.A.
BETWEEN:
ISABELLE ARCAND
Appellant
and
ABIWIN CO-OPERATIVE INC.
Respondent
Heard at Ottawa, Ontario, on May 17, 2011.
Judgment delivered from the Bench at Ottawa, Ontario, on May 17, 2011.
REASONS FOR JUDGMENT OF THE COURT BY: LAYDEN-STEVENSON J.A.
Federal Court of Appeal
Cour d'appel fédérale
Date: May 17, 2011
Docket: A-230-10
Citation: 2011 FCA 170
CORAM: BLAIS C.J.
SHARLOW J.A.
LAYDEN-STEVENSON J.A.
BETWEEN:
ISABELLE ARCAND
Appellant
and
ABIWIN CO-OPERATIVE INC.
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on May 17, 2011)
LAYDEN-STEVENSON J.A.
[1] This is an appeal from the judgment of Justice O’Keefe of the Federal Court (2010 FC 529) dismissing the appellant’s application under section 14 of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5.
[2] Despite the able and articulate submissions of Ms. Arcand, we are of the view that the appeal must be dismissed. The judge identified the correct legal principles and applied them to interpret the parties’ settlement agreement in the context of the underlying facts. It is not the function of an appellate court to determine the weight to be assigned to the evidence. Although Justice O’Keefe did not accept the appellant’s evidence, he did not ignore it. We see no error of law or principle, or any palpable or overriding error of fact in the judge’s analysis. There is nothing that warrants our intervention.
[3] Consequently, the appeal will be dismissed.
“Carolyn Layden-Stevenson”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-230-10
STYLE OF CAUSE: ARCAND v ABIWIN CO-OPERATIVE INC.
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: May 17, 2011
REASONS FOR JUDGMENT OF THE COURT BY: BLAIS C.J., SHARLOW and LAYDEN-STEVENSON JJ.A.
DELIVERED FROM THE BENCH BY: LAYDEN-STEVENSON J.A.
APPEARANCES:
Self-Represented
FOR THE APPELLANT
Marc Charron
Lisanne McCullough
FOR THE RESPONDENT
SOLICITORS OF RECORD:
FOR THE APPELLANT
Gowling Lafleur Henderson LLP
Ottawa, Ontario
FOR THE RESPONDENT