Canada (Attorney General) v. Cloutier
The Umpire did not commit a reviewable error because the Board of Referees demonstrated understanding of the relevant legal principles and reached a conclusion that was reasonably open to them; accordingly the application is dismissed.
Source-derived case information.
- Citation
- 2007 FCA 161
- Parties
- Applicant: Attorney General of Canada; Respondent: Andre Cloutier
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 19 April 2007
- Procedural Posture
- Appeal From Umpire Decision / Federal Court of Appeal Decision
- Outcome
- Application dismissed
- Legal Topics
- Standard of Review, Reasonableness, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Attorney General of Canada
Applicant
Andre Cloutier
Respondent
Procedural Posture
Appeal From Umpire Decision / Federal Court of Appeal Decision
Legal Issues
- 1 Whether the Umpire erred in declining to reverse the decision of the Board of Referees
- 2 Whether the Board of Referees correctly understood and applied the relevant legal principles
- 3 Whether costs should be awarded when the respondent did not appear
Ratio Decidendi
The Umpire did not commit a reviewable error because the Board of Referees demonstrated understanding of the relevant legal principles and reached a conclusion that was reasonably open to them; accordingly the application is dismissed.
Court Disposition
Application dismissed
Orders
- Application dismissed
- No costs awarded
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Cloutier Court (s) Database Federal Court of Appeal Decisions Date 2007-04-19 Neutral citation 2007 FCA 161 File numbers A-339-06 Decision Content Date: 20070419 Docket: A-339-06 Citation: 2007 FCA 161 CORAM: DÉCARY J.A. EVANS J.A. SHARLOW J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and ANDRE CLOUTIER Respondent Heard at Toronto, Ontario, on April 19, 2007. Judgment delivered from the Bench at Toronto, Ontario, on April 19, 2007. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20070419 Docket: A-339-06 Citation: 2007 FCA 161 CORAM: DÉCARY J.A. EVANS J.A. SHARLOW J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and ANDRE CLOUTIER Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on April 19, 2007) SHARLOW J.A. [1] We are not persuaded that the Umpire made a reviewable error in declining to reverse the decision of the Board of Referees. The Board’s reasons indicate that they correctly understood the relevant legal principles and reached a conclusion that was reasonably open to them on the record. [2] This application will be dismissed. As the Respondent did not appear, no costs will be awarded. “K. Sharlow” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-339-06 STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA Applicant and ANDRE CLOUTIER Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: April 19, 2007 REASONS FOR JUDGMENT OF THE COURT BY: (DÉCARY, EVANS & SHARLOW JJ.A.) DELIVERED FROM THE BENCH BY: SHARLOW J.A. APPEARANCES: Ms. Sharon Mc Govern/Applicant FOR THE APPLICANT FOR THE RESPONDENT SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE APPELLANT/ APPLICANT FOR THE RESPONDENT