Moussa v. Canada (Public Service Commission)
The appeal was dismissed because the Federal Court judge and Mr. Hargrave committed no error; the three letters did not constitute admissible additional evidence as the appellant described, and the appellant may instead move in Federal Court for leave to file a properly framed supplementary affidavit excluding those...
Source-derived case information.
- Citation
- 2006 FCA 21
- Parties
- Appellant: François Alain Moussa; Respondent: The Public Service Commission; Respondent: The Immigration and Refugee Board
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 18 January 2006
- Procedural Posture
- Judicial Review Appeal to Federal Court of Appeal / Hearing and Decision on Appeal; Disposition Issued by FCA
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Judicial Review, Admission of Evidence, Supplementary Affidavit, Procedural Fairness, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
François Alain Moussa
Appellant
The Public Service Commission
Respondent
The Immigration and Refugee Board
Respondent
Procedural Posture
Judicial Review Appeal to Federal Court of Appeal / Hearing and Decision on Appeal; Disposition Issued by FCA
Legal Issues
- 1 Whether three letters could be introduced to supplement the record in judicial review proceedings
- 2 Whether the Federal Court judge erred in affirming the decision of Mr. Hargrave
- 3 Whether the appellant may obtain leave to file a supplementary affidavit excluding the letters
Ratio Decidendi
The appeal was dismissed because the Federal Court judge and Mr. Hargrave committed no error; the three letters did not constitute admissible additional evidence as the appellant described, and the appellant may instead move in Federal Court for leave to file a properly framed supplementary affidavit excluding those letters.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
- Appellant permitted to bring a new motion in the Federal Court for leave to submit a properly framed supplementary affidavit excluding the three letters.
Full Case Text
Judgment text and source record
1 paragraphs
Moussa v. Canada (Public Service Commission) Court (s) Database Federal Court of Appeal Decisions Date 2006-01-18 Neutral citation 2006 FCA 21 File numbers A-222-03 Decision Content Date: 20060118 Docket: A-222-03 Citation: 2006 FCA 21 CORAM: ROTHSTEIN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: FRANÇOIS ALAIN MOUSSA Appellant and THE PUBLIC SERVICE COMMISSION THE IMMIGRATION AND REFUGEE BOARD Respondents Heard at Vancouver, British Columbia, on January 18, 2006. Judgment delivered from the Bench at Vancouver, British Columbia, on January 18, 2006. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20060118 Dockets: A-222-03 Citation: 2006 FCA 21 CORAM: ROTHSTEIN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: FRANÇOIS ALAIN MOUSSA Appellant and THE PUBLIC SERVICE COMMISSION THE IMMIGRATION AND REFUGEE BOARD Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver, British Columbia, on January 18, 2006) SHARLOW J.A. [1] We are unable to find any error in the decision of the Federal Court judge, or the decision of Mr. Hargrave that was before the judge on the appeal under Rule 51. For that reason, this appeal must be dismissed. [2] Counsel for the appellant explained that the appellant, in attempting to introduce as evidence the three letters that were before Mr. Hargrave, was trying to ensure that the record before the Court in his judicial review application contained evidence of certain events that occurred during the investigation that are not reflected in the documentary record. We are unable to construe the material before Mr. Hargrave as meeting that description. It remains open to Mr. Moussa to make a new motion in the Federal Court for leave to submit a supplementary affidavit in proper form that meets that description, without the three letters that Mr. Hargrave already considered. [3] This appeal will be dismissed with costs. (Sgd.) "Karen R. Sharlow" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-222-03 STYLE OF CAUSE: Francois Alain Moussa v. The Public Service Commission and The Immigration and Refugee PLACE OF HEARING: Vancouver, British Columbia DATE OF HEARING: January 18, 2006 REASONS FOR JUDGMENT: ROTHSTEIN, SHARLOW, MALONE JJ.A DATED: January 18, 2006 APPEARANCES: Ms. Dorothy-Jean O'Donnell FOR THE APPELLANT Ms. Keitha J. Elvin-Jensen FOR THE RESPONDENT SOLICITORS OF RECORD: Ash O'Donnell Hibbert Langley, British Columbia FOR THE APPELLANT John H. Sims, Q.C. Deputy Attorney General of Canada Vancouver, British Columbia FOR THE RESPONDENT