Lessard-Gauvin v. Canada (General Attorney)

Lessard-Gauvin v. Canada (General Attorney)
Court (s) Database
Federal Court of Appeal Decisions
Date
2017-04-12
Neutral citation
2017 FCA 77
File numbers
A-231-16
Decision Content
Date: 20170412
Docket: A-231-16
Citation: 2017 FCA 77
[ENGLISH TRANSLATION]
CORAM:
GAUTHIER J.A.
SCOTT J.A.
DE MONTIGNY J.A.
BETWEEN:
DAVID LESSARD-GAUVIN
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
Heard by teleconference
Between Ottawa, Ontario, and Quebec City, Quebec, on April 11, 2017.
Judgment delivered at Ottawa, Ontario, on April 12, 2017.
REASONS FOR JUDGMENT BY:
GAUTHIER J.A.
CONCURRED IN BY:
SCOTT J.A.
DE MONTIGNY J.A.
Date: 20170412
Docket: A-231-16
Citation: 2017 FCA 77
CORAM:
GAUTHIER J.A.
SCOTT J.A.
DE MONTIGNY J.A.
BETWEEN:
DAVID LESSARD-GAUVIN
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
GAUTHIER J.A.
[1] David Lessard-Gauvin is appealing from an interlocutory order by Justice St-Louis of the Federal Court dated June 10, 2016, dismissing, in part, a multi-faceted motion
[2] Essentially, the Federal Court rejected all of the aspects that it characterizes as requests for advice or for a legal opinion, including the request to point out to the appellant any gaps in his evidence or any breaches of the rules of procedure. The Federal Court also refused to re‑examine some issues that had been submitted to Justice LeBlanc of the Federal Court as part of another multi-faceted motion (2016 FC 418) filed in the same Federal Court docket, that is, number T‑569‑15. Justice LeBlanc’s decision was not appealed.
[3] As is his custom (see, for example, 2016 FC 418, at paragraphs 23–24), the appellant raises before us numerous issues related to seven aspects of his motion, which the Federal Court describes in the first three pages of its order dated June 10, 2016, at subparagraphs 1, 2, 3, 4, 6, 7 and 8. He also argues that the Federal Court did not provide reasons for its decision to award costs in the amount of $500.00, payable forthwith, and that it erred in awarding them. It should be noted that Justice LeBlanc also awarded costs on that basis.
[4] We have not been persuaded by the appellant that the Federal Court committed an error that warrants our intervention in this file. The appeal will be dismissed with costs fixed at $500.00 all inclusive.
“Johanne Gauthier”
J.A.
“I agree
A.F. Scott J.A.”
“I agree
Yves de Montigny J.A.”
Certified true translation
Janine Anderson, Revisor
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET:
A-231-16
APPEAL FROM AN ORDER OF JUSTICE ST-LOUIS OF THE FEDERAL COURT DATED JUNE 10, 2016, DOCKET NO. T-569-15.
STYLE OF CAUSE:
DAVID LESSARD-GAUVIN v. ATTORNEY GENERAL OF CANADA
MOTION BY VIDEOCONFERENCE WITH APPEARANCE OF THE PARTIES.
DATE OF HEARING:
APRIL 11, 2017
REASONS FOR JUDGMENT BY:
GAUTHIER J.A.
CONCURRED IN BY:
SCOTT J.A.
DE MONTIGNY J.A.
APPEARANCES:
David Lessard-Gauvin
FOR THE APPELLANT
Self-represented
Ludovic Sirois
FOR THE RESPONDENT
SOLICITORS OF RECORD:
William F. Pentney
Deputy Attorney General of Canada
FOR THE RESPONDENT