Pontbriand v. Canada (Attorney General)
Court headnote
Pontbriand v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2001-04-03 Neutral citation 2001 FCA 102 File numbers A-99-00 Decision Content Date: 20010403 Docket: A-99-00 Neutral citation: 2001 FCA 102 Coram: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. Between: JEAN-GUY PONTBRIAND Appellant AND ATTORNEY GENERAL OF CANADA Respondent Hearing held at Montréal, Quebec, on Tuesday, April 3, 2001 Judgment delivered from the bench at Montréal, Quebec, on Tuesday, April 3, 2001 REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A. Date: 20010403 Docket: A-99-00 Neutral citation: 2001 FCA 102 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. BETWEEN: JEAN-GUY PONTBRIAND Appellant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on Tuesday, April 3, 2001) DÉCARY J.A. [1] We are of the view that the appeal must be allowed. 2. After being served with the notice of status review, the appellant's only procedural requirement was to file the requisition for a hearing. However, the requisition for a hearing was filed late as a result of a lack of communication between counsel and the appellant, an inmate at the Donnacona Institution. 3. Since the trial judge did not provide reasons for his decision to dismiss the application for judicial review for delay, the Court finds itself in the same position as in Grenier v. Canada, [2001] F.C.J. No. 147 (QL) (FCA), and after reviewing the record, we find th…
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Pontbriand v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2001-04-03 Neutral citation 2001 FCA 102 File numbers A-99-00 Decision Content Date: 20010403 Docket: A-99-00 Neutral citation: 2001 FCA 102 Coram: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. Between: JEAN-GUY PONTBRIAND Appellant AND ATTORNEY GENERAL OF CANADA Respondent Hearing held at Montréal, Quebec, on Tuesday, April 3, 2001 Judgment delivered from the bench at Montréal, Quebec, on Tuesday, April 3, 2001 REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A. Date: 20010403 Docket: A-99-00 Neutral citation: 2001 FCA 102 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. BETWEEN: JEAN-GUY PONTBRIAND Appellant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on Tuesday, April 3, 2001) DÉCARY J.A. [1] We are of the view that the appeal must be allowed. 2. After being served with the notice of status review, the appellant's only procedural requirement was to file the requisition for a hearing. However, the requisition for a hearing was filed late as a result of a lack of communication between counsel and the appellant, an inmate at the Donnacona Institution. 3. Since the trial judge did not provide reasons for his decision to dismiss the application for judicial review for delay, the Court finds itself in the same position as in Grenier v. Canada, [2001] F.C.J. No. 147 (QL) (FCA), and after reviewing the record, we find that the trial judge failed to take into account the special circumstances of this case. 4. We also note that the respondent did not defend the impugned order; respondent's counsel merely filed a letter notifying this Court that he would not produce any memorandum of argument, while at the same time suggesting that the Court abide by the trial judge's discretionary decision. We find this way of proceeding unacceptable. Either a party files its written submissions or that party informs the Court that it will not do so. If no memorandum of argument is produced, that party cannot be heard at the hearing. 5. The appeal will be allowed, the decision of the trial judge will be set aside and the proceeding will continue as a specially managed proceeding in accordance with Rule 382(2)(c). The appellant shall have his costs of the appeal. Robert Décary J.A. Certified true translation Sophie Debbané, LL.B. FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20010403 Docket: A-99-00 Between: JEAN-GUY PONTBRIAND Appellant AND ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-99-00 STYLE OF CAUSE: JEAN-GUY PONTBRIAND Appellant AND ATTORNEY GENERAL OF CANADA Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: April 3, 2001 REASONS FOR ORDER BYTHE HONOURABLE MR. JUSTICE DÉCARY DATED: April 3, 2001 APPEARANCES: Daniel Royer FOR THE APPELLANT Sébastien Gagné FOR THE RESPONDENT SOLICITORS OF RECORD: Labelle, Boudrault, Côté et associés Montréal, Quebec FOR THE APPELLANT Morris Rosenberg Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT Date: 20010403 Docket: A-99-00 MONTRÉAL, Quebec, Tuesday, April 3, 2001 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. BETWEEN: JEAN-GUY PONTBRIAND Appellant and ATTORNEY GENERAL OF CANADA Respondent JUDGMENT The appeal is allowed, the decision of the trial judge is set aside, and the proceeding will continue as a specially managed proceeding in accordance with Rule 382(2)(c). The appellant shall have his costs of the appeal. Alice Desjardins J.A. Certified true translation Sophie Debbané, LL.B.
Source: decisions.fca-caf.gc.ca