Bellec v. Canada (Attorney General)

Bellec v. Canada (Attorney General)
Court (s) Database
Federal Court of Appeal Decisions
Date
2015-11-10
Neutral citation
2015 FCA 252
File numbers
A-566-14
Decision Content
Date: 20151110
Docket: A-566-14
Citation: 2015 FCA 252
CORAM:
NADON J.A.
GAUTHIER J.A.
DE MONTIGNY J.A.
BETWEEN:
JEAN BELLEC
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
Heard at Ottawa, Ontario, on November 10, 2015.
Judgment delivered at Ottawa, Ontario, on November 10, 2015.
REASONS FOR JUDGMENT OF THE COURT BY:
NADON J.A.
Date: 20151110
Docket: A-566-14
Citation: 2015 FCA 252
CORAM:
NADON J.A.
GAUTHIER J.A.
DE MONTIGNY J.A.
BETWEEN:
JEAN BELLEC
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Ottawa, Ontario,
on November 10, 2015.)
NADON J.A.:
[1] We are all of the opinion that there is no reason to intervene.
[2] We are not satisfied that the Judge erred in finding, as he did, that the appellant’s application for judicial review should be denied.
[3] Notwithstanding Mr. McGee’s very apt arguments, we do not believe that the criteria pertaining to estoppel are met in this case;
[4] Specifically, we are of the opinion that the evidence of record does not support the appellant’s argument that Mr. Rancourt had allegedly made him a promise guaranteeing a salary at the AS-04 level with Public Works and Government Services Canada.
[5] Before concluding, it should be noted that the only theory argued before this Court by the appellant, namely estoppel, was not brought to the attention of the administrative decision maker whose decision is challenged by the appellant’s application for judicial review. Moreover, even though that theory seems to have been argued orally before Justice Martineau, it does not appear in the brief filed by the appellant before the Federal Court.
[6] Therefore, the appeal is dismissed with costs.
“M. Nadon”
J.A.
Certified true translation
Francois Brunet, revisor
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Docket:
A-566-14
STYLE OF CAUSE:
Jean Bellec v. ATTORNEY GENERAL OF CANADA
PLACE OF HEARING:
OTTAWA, ONTARIO
DATE OF HEARING:
NOVEMBER 10, 2015
REASONS FOR JUDGMENT OF THE COURT BY:
NADON J.A.
GAUTHIER J.A.
DE MONTIGNY J.A.
DELIVERED FROM THE BENCH BY:
NADON J.A.
APPEARANCES:
Sean T. McGee
For The Appellant
Jean Bellec
Zorica Guzina
For The Respondent
Attorney General of Canada
SOLICITORS OF RECORD:
Nelligan O’Brien Payne LLP
Ottawa, Ontario
For The Appellant
Jean Bellec
William F. Pentney
Deputy Attorney General of Canada
For The Respondent
Attorney General of Canada