Gagnon (Re)

Gagnon (Re)

The Court held that the arbitration award is fully enforceable, that Transport Car‑Fré’s objection constituted a disguised appeal or application for judicial review which is inadmissible in light of the Court’s prior final judgment, and that article 596 C.C.P. does not defeat the seizure; accordingly the objection must be dismissed.

Citation
2007 FC 605
Parties
Adverse Claimant (objector): Transport Car-Fré Ltée; Garnisher (seizing Party): Gilles Gagnon
Court
Federal Court
Jurisdiction
Canada
Judgment Date
6 June 2007
Procedural Posture
Canada Labour Code – Filing and Enforcement of Arbitration Award / Written Motion Review of Objection to Real Property Seizure (rule 369)
Outcome
Objection by Transport Car‑Fré Ltée dismissed; arbitration award enforced; garnisher awarded costs.
Legal Topics
Arbitration Award Enforcement, Seizure of Property, Objection to Seizure, Judicial Review Vs. Enforcement, Res Judicata/finality
Source Language
English
Labour Law Civil Procedure Enforcement Administrative Law Arbitration Award Enforcement Seizure of Property Objection to Seizure Judicial Review Vs. Enforcement +1 more

Case Brief

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Parties

Transport Car-Fré Ltée

Adverse Claimant (objector)

Gilles Gagnon

Garnisher (seizing Party)

Procedural Posture

Canada Labour Code – Filing and Enforcement of Arbitration Award / Written Motion Review of Objection to Real Property Seizure (rule 369)

Legal Issues

  1. 1 Whether the arbitration award of August 19, 2005 is enforceable
  2. 2 Whether Transport Car-Fré’s objection to the March 19, 2007 seizure amounts to a disguised appeal or application for judicial review
  3. 3 Whether article 596 of the Code of Civil Procedure can defeat the seizure

Ratio Decidendi

The Court held that the arbitration award is fully enforceable, that Transport Car‑Fré’s objection constituted a disguised appeal or application for judicial review which is inadmissible in light of the Court’s prior final judgment, and that article 596 C.C.P. does not defeat the seizure; accordingly the objection must be dismissed.

Court Disposition

Objection by Transport Car‑Fré Ltée dismissed; arbitration award enforced; garnisher awarded costs.

Orders

  • Dismisses the objection by Transport Car‑Fré Ltée.
  • The Reasons for Order and Order in this docket apply, mutatis mutandis, in docket T-1302-06 and a copy will be placed therein.