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Federal Court of Appeal· 2004

Saine v. Canada

2004 FCA 309
Quebec civil lawJD
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Saine v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2004-09-21 Neutral citation 2004 FCA 309 File numbers A-565-03 Decision Content Date: 20040921 Docket: A-565-03 Citation: 2004 FCA 309 CORAM: DÉCARY J.A. NOËL J.A. PELLETIER J.A. BETWEEN: PIERRE SAINE Appellant and HER MAJESTY THE QUEEN Respondent Hearing held at Montréal, Quebec, on September 21, 2004. Judgment delivered from the bench at Montréal, Quebec, on September 21, 2004. REASONS FOR JUDGMENT OF THE COURT: NOËL J.A. Date: 20040921 Docket: A-565-03 Citation: 2004 FCA 309 CORAM: DÉCARY J.A. NOËL J.A. PELLETIER J.A. BETWEEN: PIERRE SAINE Appellant and HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on September 21, 2004) NOËL J.A. [1] We have not been persuaded that Dussault J. erred in any way in exercising his discretion. [2] Even if we accept, without deciding, that the appellant was led to believe that the employee of the Canada Customs and Revenue Agency Agence could assist him, Dussault J. was entitled to find as he did based on the fact that seven months had elapsed before the appellant filed his application. [3] The appeal shall be dismissed with costs. "Marc Noël" J.A. Certified true translation Kelley A. Harvey, BCL, LLB FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-565-03 STYLE OF CAUSE: PIERRE SAINE Appellant and HER MAJESTY THE QUEEN Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: September 21, 20…

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Saine v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2004-09-21
Neutral citation
2004 FCA 309
File numbers
A-565-03
Decision Content
Date: 20040921
Docket: A-565-03
Citation: 2004 FCA 309
CORAM: DÉCARY J.A.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
PIERRE SAINE
Appellant
and
HER MAJESTY THE QUEEN
Respondent
Hearing held at Montréal, Quebec, on September 21, 2004.
Judgment delivered from the bench at Montréal, Quebec, on September 21, 2004.
REASONS FOR JUDGMENT OF THE COURT: NOËL J.A.
Date: 20040921
Docket: A-565-03
Citation: 2004 FCA 309
CORAM: DÉCARY J.A.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
PIERRE SAINE
Appellant
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec, on September 21, 2004)
NOËL J.A.
[1] We have not been persuaded that Dussault J. erred in any way in exercising his discretion.
[2] Even if we accept, without deciding, that the appellant was led to believe that the employee of the Canada Customs and Revenue Agency Agence could assist him, Dussault J. was entitled to find as he did based on the fact that seven months had elapsed before the appellant filed his application.
[3] The appeal shall be dismissed with costs.
"Marc Noël"
J.A.
Certified true translation
Kelley A. Harvey, BCL, LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-565-03
STYLE OF CAUSE: PIERRE SAINE
Appellant
and
HER MAJESTY THE QUEEN
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: September 21, 2004
REASONS FOR JUDGMENT OF THE COURT: (DÉCARY, NOËL,
PELLETIER JJ.A.)
DELIVERED FROM THE BENCH BY: NOËL J.A.
APPEARANCES:
Christopher Mostovac
FOR THE APPELLANT
Alain Gareau
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Starnino Mostovac
Montréal, Quebec
FOR THE APPELLANT
Morris Rosenberg
Deputy Attorney General of Canada
Montréal, Quebec
FOR THE RESPONDENT

Source: decisions.fca-caf.gc.ca

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