Garcia v. Canada (Attorney General)
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Garcia v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2008-04-03 Neutral citation 2008 FCA 121 File numbers A-72-07 Decision Content Date: 20080403 Docket: A-72-07 Citation: 2008 FCA 121 Present: NADON J.A. BETWEEN: EDSON EMILIO ALVAREZ GARCIA Applicant and ATTORNEY GENERAL OF CANADA Respondent Dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on April 3, 2008. REASONS FOR ORDER BY: NADON J.A. Date: 20080403 Docket: A-72-07 Citation: 2008 FCA 121 Present: NADON J.A. BETWEEN: EDSON EMILIO ALVAREZ GARCIA Applicant(s) and ATTORNEY GENERAL OF CANADA Respondent(s) REASONS FOR ORDER NADON J.A. [1] On November 20, 2007, Ryer J.A. granted leave to the applicant to serve and file a Supplementary Record for the sole purpose of adducing into the record copy of a Memorandum dated July 29, 2005, prepared by Ms. Dorothy Brown, in her capacity as an employee of Human Resources and Skills Development Canada, and that related to the entitlement of Mr. Garcia to the employment insurance benefits that he claims. [2] The Supplementary Record filed by the applicant on February 8, 2008, is clearly not in accordance with Ryer J.A.’s Order. As the respondent points out in its Notice of Motion, the Supplementary Record introduces additional facts, legal arguments, conclusions and authorities. [3] The motion shall therefore be allowed and the Supplementary Record will be struck from the record. I am prepared, however, to gr…
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Garcia v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2008-04-03 Neutral citation 2008 FCA 121 File numbers A-72-07 Decision Content Date: 20080403 Docket: A-72-07 Citation: 2008 FCA 121 Present: NADON J.A. BETWEEN: EDSON EMILIO ALVAREZ GARCIA Applicant and ATTORNEY GENERAL OF CANADA Respondent Dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on April 3, 2008. REASONS FOR ORDER BY: NADON J.A. Date: 20080403 Docket: A-72-07 Citation: 2008 FCA 121 Present: NADON J.A. BETWEEN: EDSON EMILIO ALVAREZ GARCIA Applicant(s) and ATTORNEY GENERAL OF CANADA Respondent(s) REASONS FOR ORDER NADON J.A. [1] On November 20, 2007, Ryer J.A. granted leave to the applicant to serve and file a Supplementary Record for the sole purpose of adducing into the record copy of a Memorandum dated July 29, 2005, prepared by Ms. Dorothy Brown, in her capacity as an employee of Human Resources and Skills Development Canada, and that related to the entitlement of Mr. Garcia to the employment insurance benefits that he claims. [2] The Supplementary Record filed by the applicant on February 8, 2008, is clearly not in accordance with Ryer J.A.’s Order. As the respondent points out in its Notice of Motion, the Supplementary Record introduces additional facts, legal arguments, conclusions and authorities. [3] The motion shall therefore be allowed and the Supplementary Record will be struck from the record. I am prepared, however, to grant leave to the applicant to file a Supplementary Record which complies with Ryer J.A.’s Order. Accordingly, the applicant may file such a record by no later than April 21, 2008. “M. Nadon” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-72-07 STYLE OF CAUSE: EDSON EMILIO ALVAREZ GARCIA v. A.G.C. MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER BY: NADON J.A. DATED: APRIL 3, 2008 WRITTEN REPRESENTATIONS BY: Edson Emilio Alvarez Garcia APPLICANT ON HIS OWN BEHALF Nicholas R. Banks Pauline Leroux FOR THE RESPONDENT SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca