Fabrikant v. Canada
The Court allowed the motion to admit the ten page fax as new evidence but found that the appellant failed to demonstrate any reviewable error in the Federal Court decision and therefore dismissed the appeal with costs.
Source-derived case information.
- Citation
- 2013 FCA 211
- Parties
- Appellant: Dr. V.I. Fabrikant; Respondent: Her Majesty the Queen in Right of Canada; Respondent: Correctional Service Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 12 September 2013
- Procedural Posture
- Federal Court of Appeal Appeal From Federal Court Order / Judgment Delivered From the Bench (appeal Stage)
- Outcome
- Motion to admit new evidence allowed; appeal dismissed; costs awarded.
- Legal Topics
- Admission of New Evidence, Reviewable Error, Appeal Dismissal, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. V.I. Fabrikant
Appellant
Her Majesty the Queen in Right of Canada
Respondent
Correctional Service Canada
Respondent
Procedural Posture
Federal Court of Appeal Appeal From Federal Court Order / Judgment Delivered From the Bench (appeal Stage)
Legal Issues
- 1 Whether the ten page fax should be admitted as new evidence
- 2 Whether the Federal Court committed a reviewable error
- 3 Appropriate disposition and costs
Ratio Decidendi
The Court allowed the motion to admit the ten page fax as new evidence but found that the appellant failed to demonstrate any reviewable error in the Federal Court decision and therefore dismissed the appeal with costs.
Court Disposition
Motion to admit new evidence allowed; appeal dismissed; costs awarded.
Orders
- Motion to allow new evidence (ten page fax) allowed
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
Fabrikant v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2013-09-12 Neutral citation 2013 FCA 211 File numbers A-10-13 Decision Content Date: 20130912 Docket: A-10-13 Citation: 2013 FCA 211 CORAM: NOËL J.A. TRUDEL J.A. MAINVILLE J.A. BETWEEN: DR. V.I. FABRIKANT Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA, CORRECTIONAL SERVICE CANADA Respondents Heard at Montréal, Quebec, on September 12, 2013. Judgment delivered from the Bench at Montréal, Quebec, on September 12, 2013. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20130912 Docket: A-10-13 Citation: 2013 FCA 211 CORAM: NOËL J.A. TRUDEL J.A. MAINVILLE J.A. BETWEEN: DR. V.I. FABRIKANT Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA, CORRECTIONAL SERVICE CANADA Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on September 12, 2013). NOËL J.A. The motion to allow new evidence in the form of the ten page fax addressed to the Registry on September 12, 2013, is allowed, and the appeal from the decision of the Federal Court is dismissed with costs, no reviewable error having been demonstrated. "Marc Noël" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD Docket: A-10-13 (APPEAL FROM AN ORDER OF JUSTICE GLEASON DATED DECEMBER 18, 2012, DOCKET NO. T-1981-11) STYLE OF CAUSE: DR. V.I. FABRIKANT v. HER MAJESTY THE QUEEN IN RIGHT OF CANADA, CORRECTIONAL SERVICE CANADA PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: SEPTEMBER 12, 2013 REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. TRUDEL J.A. MAINVILLE J.A. DELIVERED FROM THE BENCH BY: NOËL J.A. APPEARANCES: Dr. Valery Fabrikant FOR THE APPELLANT (ON HIS OWN BEHALF) Pascale-Catherine Guay For The RespondentS SOLICITORS OF RECORD: William F. Pentney Deputy Attorney General of Canada For The RespondentS