Martselos v. Poitras

Martselos v. Poitras

The application for judicial review was dismissed because the Appeals Arbitrator's ruling was interlocutory, no special circumstances justified immediate review, and an adequate remedy exists to seek judicial review after the Appeals Arbitrator issues a final decision.

Source-derived case information.

Citation
2008 FC 1413
Parties
Applicant: Frieda Martselos; Applicant: Gloria Villebrun; Applicant: Bradley Laviolette; Applicant: Frederick Beaulieu; Respondent: David Poitras; Respondent: Toni Heron; Respondent: Raymond Beaver
Court
Federal Court
Jurisdiction
Canada
Judgment Date
23 December 2008
Procedural Posture
Judicial Review / Final Judgment Dismissal of Application
Outcome
application dismissed
Legal Topics
Interlocutory Decision, Jurisdiction, Admissibility of Evidence, Appeal Procedure
Source Language
english
Administrative Law Tribunal Procedure Election Law First Nations Governance Interlocutory Decision Jurisdiction Admissibility of Evidence Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Frieda Martselos

Applicant

Gloria Villebrun

Applicant

Bradley Laviolette

Applicant

Frederick Beaulieu

Applicant

David Poitras

Respondent

Toni Heron

Respondent

Raymond Beaver

Respondent

Procedural Posture

Judicial Review / Final Judgment Dismissal of Application

Legal Issues

  1. 1 Whether the Appeals Arbitrator exceeded her jurisdiction by allowing a ground of appeal not specified in the Notice of Appeal
  2. 2 Whether the decision is interlocutory and therefore not immediately reviewable
  3. 3 Whether special circumstances exist to justify immediate judicial review

Ratio Decidendi

The application for judicial review was dismissed because the Appeals Arbitrator's ruling was interlocutory, no special circumstances justified immediate review, and an adequate remedy exists to seek judicial review after the Appeals Arbitrator issues a final decision.

Court Disposition

application dismissed

Orders

  • The application for judicial review is dismissed
  • Costs to the Respondents to be assessed in the full discretion of the assessment officer