Canada (Attorney General) v. Roy
Given the facts considered by the Board of Referees and the applicable standard of review, the applicant failed to establish that the Umpire made a reviewable error in refusing to intervene; therefore the applications for judicial review must be dismissed.
Source-derived case information.
- Citation
- 2014 FCA 23
- Parties
- Applicant: Attorney General of Canada; Respondent: Josée Roy
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 30 January 2014
- Procedural Posture
- Judicial Review Applications / Federal Court of Appeal Judgment on Judicial Review
- Outcome
- Applications for judicial review dismissed.
- Legal Topics
- Standard of Review, Intervention by Umpire, Board of Referees, Reasonableness, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Attorney General of Canada
Applicant
Josée Roy
Respondent
Procedural Posture
Judicial Review Applications / Federal Court of Appeal Judgment on Judicial Review
Legal Issues
- 1 Whether the Umpire erred in refusing to intervene in respect of the decisions of the Board of Referees
- 2 What is the applicable standard of review
- 3 Whether the applicant satisfied the threshold for a reviewable error
Ratio Decidendi
Given the facts considered by the Board of Referees and the applicable standard of review, the applicant failed to establish that the Umpire made a reviewable error in refusing to intervene; therefore the applications for judicial review must be dismissed.
Court Disposition
Applications for judicial review dismissed.
Orders
- The applications for judicial review are dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Roy Court (s) Database Federal Court of Appeal Decisions Date 2014-01-30 Neutral citation 2014 FCA 23 File numbers A-27-13, A-28-13 Decision Content Date: 20140130 Dockets: A-27-13 A-28-13 Citation: 2014 FCA 23 CORAM : PELLETIER J.A.TRUDEL J.A. MAINVILLE J.a. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and JOSÉE ROY Respondent Heard at Québec, Quebec, on January 30, 2014. Judgment delivered from the Bench at Québec, Quebec, on January 30, 2014. REASONS FOR JUDGMENT OF THE COURT BY: MAINVILLE J.A. Date: 20140130 Dockets: A-27-13 A-28-13 Citation: 2014 FCA 23 CORAM : PELLETIER J.A. TRUDEL J.A. MAINVILLE J.a. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and JOSÉE ROY Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Québec, Quebec, on January 30, 2014.) MAINVILLE J.A. [1] Given all the facts considered by the Board of Referees, and in the light of the applicable standard of review, the applicant has not satisfied us that the Umpire made a reviewable error in refusing to intervene in respect of the decisions of the Board of Referees. [2] The applications for judicial review will therefore be dismissed. “Robert M. Mainville” J.A. Certified true translation François Brunet, Revisor FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKETS: A-27-13 A-28-13 STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA v. JOSÉE ROY PLACE OF HEARING: Québec, Quebec DATE OF HEARING: January 30, 2014 REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A. TRUDEL J.A. MAINVILLE J.A. DELIVERED FROM THE BENCH BY: MAINVILLE J.A. APPEARANCES: Chantal Labonté FOR THE APPLICANT Josée Roy FOR THE RESPONDENT SOLICITORS OF RECORD: William F. Pentney Deputy Attorney General of Canada FOR THE APPLICANT