Fabrikant v. Canada
The court allowed the motion to admit the new evidence but dismissed the appeal because the appellant failed to demonstrate any error in the Federal Court judge's exercise of discretion; therefore the interlocutory order stands.
Source-derived case information.
- Citation
- 2013 FCA 212
- 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
- Appeal From Interlocutory Order / Federal Court of Appeal Judgment on Motion to Admit New Evidence and Appeal From Interlocutory Order
- Outcome
- Motion to allow new evidence allowed; appeal dismissed with costs
- Legal Topics
- Admission of New Evidence, Exercise of Judicial Discretion, Interlocutory Appeals, 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
Appeal From Interlocutory Order / Federal Court of Appeal Judgment on Motion to Admit New Evidence and Appeal From Interlocutory Order
Legal Issues
- 1 Whether the motion to admit new evidence should be allowed
- 2 Whether the Federal Court judge erred in the exercise of discretion in making the interlocutory order
- 3 Whether the interlocutory order should be set aside on appeal
Ratio Decidendi
The court allowed the motion to admit the new evidence but dismissed the appeal because the appellant failed to demonstrate any error in the Federal Court judge's exercise of discretion; therefore the interlocutory order stands.
Court Disposition
Motion to allow new evidence allowed; appeal dismissed with costs
Orders
- Motion to allow new evidence to establish that Correctional Service Canada can provide the appellant with a second parka is allowed.
- Appeal from the interlocutory order of the Federal Court is dismissed with costs.
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 212 File numbers A-26-13 Decision Content Date: 20130912 Docket: A-26-13 Citation: 2013 FCA 212 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-26-13 Citation: 2013 FCA 212 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 to establish that Correctional Service Canada is in a position to provide the Appellant with a second parka is allowed, and the appeal from the interlocutory order of the Federal Court is dismissed with costs, no error having been demonstrated in the Federal Court judge’s exercise of discretion. "Marc Noël" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD Docket: A-26-13 (APPEAL FROM AN ORDER OF JUSTICE BÉDARD DATED DECEMBER 19, 2012, DOCKET NO. T-1764-12) 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