Canada (Attorney General) v. Castonguay

Canada (Attorney General) v. Castonguay
Court (s) Database
Federal Court of Appeal Decisions
Date
2003-10-02
Neutral citation
2003 FCA 374
File numbers
A-459-02
Decision Content
Date: 20031002
Docket: A-459-02
Citation: 2003 FCA 374
CORAM: DESJARDINS J.A.
DÉCARY J.A.
PELLETIER J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
and
JACQUELINE CASTONGUAY
Respondent
A-460-02
THE ATTORNEY GENERAL OF CANADA
Applicant
and
BERNADETTE FERRON
Respondent
A-461-02
THE ATTORNEY GENERAL OF CANADA
and
THE DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
and
GEORGE MAZEROLLE
Respondents
Hearing held at Fredericton, New Brunswick, October 2, 2003.
Judgment delivered from the bench at Fredericton, New Brunswick, October 2, 2003.
REASONS FOR JUDGMENT OF THE COURT: DESJARDINS J.A.
Date: 20031002
Docket: A-459-02
Citation: 2003 FCA 374
CORAM: DESJARDINS J.A.
DÉCARY J.A.
PELLETIER J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
and
JACQUELINE CASTONGUAY
Respondent
A-460-02
THE ATTORNEY GENERAL OF CANADA
Applicant
and
BERNADETTE FERRON
Respondent
A-461-02
THE ATTORNEY GENERAL OF CANADA
Applicant
and
THE DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
and
GEORGE MAZEROLLE
Respondents
REASONS DELIVERED FROM THE BENCH
(Delivered from the bench at Fredericton, New Brunswick, October 2, 2003)
DESJARDINS J.A.
[1] We are of the opinion that notwithstanding the submissions by the applicants, the errors for which the judge of the Tax Court of Canada is criticized appear to us to be errors of fact rather than errors of law. Given the exacting standard of judicial review, we are unable to find that there is any reason for us to intervene.
[2] The applications for judicial review will be dismissed with costs on the basis of a common hearing.
"Alice Desjardins"
J.A.
Certified true translation
Suzanne Gauthier, C. Tr., LL.L.
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-459-02
STYLE: THE ATTORNEY GENERAL OF CANADA v.
JACQUELINE CASTONGUAY
A-460-02
THE ATTORNEY GENERAL OF CANADA v.
BERNADETTE FERRON
A-461-02
THE ATTORNEY GENERAL OF CANADA v.
THE MINISTER OF FAMILY AND COMMUNITY SERVICES and GEORGE MAZEROLLE
PLACE OF HEARING: Fredericton, New Brunswick
DATE OF HEARING: October 2, 2003
REASONS FOR JUDGMENT: DESJARDINS J.A.
DATED: October 2, 2003
APPEARANCES:
Dominique Gallant FOR THE APPLICANTS
Cedric L. Haines, Q.C. FOR THE RESPONDENTS
Vicky Smith
SOLICITORS OF RECORD:
MORRIS ROSENBERG FOR THE APPLICANTS
DEPUTY ATTORNEY GENERAL OF CANADA
BRADLEY GREEN, ATTORNEY GENERAL FOR THE RESPONDENTS
OF NEW BRUNSWICK