Bérubé v. Canada
Applying the standard of review from Housen v. Nikolaisen, the Court found no error of law or other error in the Federal Court judge's decision and therefore deferred to that decision; the appeal is dismissed.
Source-derived case information.
- Citation
- 2010 FCA 276
- Parties
- Appellant: Clotilde Bérubé; Respondent: Her Majesty the Queen in Right of Canada; Respondent: The Attorney General for Quebec
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 20 October 2010
- Procedural Posture
- Appeal / Hearing and Final Judgment of the Federal Court of Appeal
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Standard of Review, Appellate Deference, Costs, Dismissal of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Clotilde Bérubé
Appellant
Her Majesty the Queen in Right of Canada
Respondent
The Attorney General for Quebec
Respondent
Procedural Posture
Appeal / Hearing and Final Judgment of the Federal Court of Appeal
Legal Issues
- 1 Whether the Federal Court judge erred in law or made any other error warranting appellate intervention
- 2 Whether the standard of review as set out in Housen v. Nikolaisen was correctly applied
Ratio Decidendi
Applying the standard of review from Housen v. Nikolaisen, the Court found no error of law or other error in the Federal Court judge's decision and therefore deferred to that decision; the appeal is dismissed.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs in this Court.
Full Case Text
Judgment text and source record
1 paragraphs
Bérubé v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2010-10-20 Neutral citation 2010 FCA 276 File numbers A-77-09 Decision Content Federal Court of Appeal Cour d'appel fédérale Date: 20101020 Docket: A-77-09 Citation: 2010 FCA 276 CORAM: BLAIS C.J. PELLETIER J.A. MAINVILLE J.A. BETWEEN: CLOTILDE BÉRUBÉ Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA and THE ATTORNEY GENERAL FOR QUEBEC Respondents Heard at Ottawa, Ontario, on October 20, 2010. Judgment delivered at Ottawa, Ontario, on October 20, 2010. REASONS FOR JUDGMENT BY: THE COURT Date: 20101020 Docket: A-77-09 Citation: 2010 FCA 276 CORAM: BLAIS C.J. PELLETIER J.A. MAINVILLE J.A. BETWEEN: CLOTILDE BÉRUBÉ Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA and THE ATTORNEY GENERAL FOR QUEBEC Respondents REASONS FOR JUDGMENT OF THE COURT [1] Taking into account the standard of review established by the Supreme Court of Canada in Housen v. Nikolaisen, 2002 SCC 33 and after reviewing carefully the written and oral submissions made by both parties, we have not been persuaded that the Federal Court judge’s decision discloses any error of law or any other error that warrant the intervention of this Court. [2] It was open to the Federal Court judge to conclude as he did. [3] The appeal will therefore be dismissed with costs in this Court. « Pierre Blais » Chief Justice « J.D. Denis Pelletier » J.A. « Robert M. Mainville » J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-77-09 Appeal from a decision of Justice Shore, January 20, 2009 (T-1780-08) STYLE OF CAUSE: Clotilde Bérubé, v. Her Majesty the Queen and The Attorney General for Quebec PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: October 20, 2010 REASONS FOR JUDGMENT BY: THE COURT DATED: October 20, 2010 APPEARANCES: Clotilde Bérubé FOR THE APPELLANT Stéphanie Dion and Vincent Veilleux FOR THE RESPONDENT HER MAJESTY THE QUEEN SOLICITORS OF RECORD: Clotilde Bérubé FOR THE APPELLANT Myles J. Kirvin Deputy Attorney General of Canada Bernard, Roy Justice - Montreal FOR THE RESPONDENT HER MAJESTY THE QUEEN FOR THE RESPONDENT THE ATTORNEY GENERAL FOR QUEBEC