Fabrikant v. Canada

Fabrikant v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2013-09-12
Neutral citation
2013 FCA 211
File numbers
A-10-13
Decision Content
Date: 20130912
Docket:
A-10-13
Citation: 2013 FCA 211
CORAM:
NOËL J.A.
TRUDEL J.A.
MAINVILLE J.A.
BETWEEN:
DR. V.I. FABRIKANT
Appellant
and
HER MAJESTY THE QUEEN
IN RIGHT OF CANADA,
CORRECTIONAL SERVICE CANADA
Respondents
Heard at Montréal, Quebec, on September 12, 2013.
Judgment delivered from the Bench at Montréal, Quebec, on September 12, 2013.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20130912
Docket:
A-10-13
Citation: 2013 FCA 211
CORAM:
NOËL J.A.
TRUDEL J.A.
MAINVILLE J.A.
BETWEEN:
DR. V.I. FABRIKANT
Appellant
and
HER MAJESTY THE QUEEN
IN RIGHT OF CANADA,
CORRECTIONAL SERVICE CANADA
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montréal, Quebec, on September 12, 2013).
NOËL J.A.
The motion to allow new evidence in the form of the ten page fax addressed to the Registry on September 12, 2013, is allowed, and the appeal from the decision of the Federal Court is dismissed with costs, no reviewable error having been demonstrated.
"Marc Noël"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Docket:
A-10-13
(APPEAL FROM AN ORDER OF JUSTICE GLEASON DATED DECEMBER 18, 2012, DOCKET NO. T-1981-11)
STYLE OF CAUSE:
DR. V.I. FABRIKANT v. HER MAJESTY THE QUEEN IN RIGHT OF CANADA, CORRECTIONAL SERVICE CANADA
PLACE OF HEARING:
Montréal, Quebec
DATE OF HEARING:
SEPTEMBER 12, 2013
REASONS FOR JUDGMENT OF THE COURT BY:
NOËL J.A.
TRUDEL J.A.
MAINVILLE J.A.
DELIVERED FROM THE BENCH BY:
NOËL J.A.
APPEARANCES:
Dr. Valery Fabrikant
FOR THE APPELLANT
(ON HIS OWN BEHALF)
Pascale-Catherine Guay
For The RespondentS
SOLICITORS OF RECORD:
William F. Pentney
Deputy Attorney General of Canada
For The RespondentS