Giguère v. Canada

Giguère v. Canada

The court found no error in law nor any palpable and overriding error in the judge's factual assessment and therefore dismissed the appeals and awarded one set of costs for the six files.

Source-derived case information.

Citation
2017 FCA 91
Parties
Appellant: Antoine Bérubé; Appellant: Philippe D'Auteuil; Appellant: Martin Fournier Giguère; Respondent: Her Majesty the Queen
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
1 May 2017
Procedural Posture
Appeal / Judgment Delivered From the Bench (appeal Dismissed)
Outcome
Appeal dismissed
Legal Topics
Standard of Review, Palpable and Overriding Error, Costs
Source Language
en
Appellate Procedure Administrative Law Standard of Review Palpable and Overriding Error Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Antoine Bérubé

Appellant

Philippe D'Auteuil

Appellant

Martin Fournier Giguère

Appellant

Her Majesty the Queen

Respondent

Procedural Posture

Appeal / Judgment Delivered From the Bench (appeal Dismissed)

Legal Issues

  1. 1 Whether the trial judge committed an error in law
  2. 2 Whether the trial judge committed a palpable and overriding error in assessing the facts
  3. 3 Whether appellate intervention was warranted

Ratio Decidendi

The court found no error in law nor any palpable and overriding error in the judge's factual assessment and therefore dismissed the appeals and awarded one set of costs for the six files.

Court Disposition

Appeal dismissed

Orders

  • Appeals dismissed
  • One set of costs for the six files awarded