Dumont v. Canada
The motion is dismissed because the proffered Ministerial decision is irrelevant to the appeal, which challenges the merits of the stay order; therefore leave to adduce that decision and to file a supplementary memorandum is refused.
Source-derived case information.
- Citation
- 2003 FCA 6
- Parties
- Appellant: George Dumont; Respondent: Her Majesty the Queen
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 8 January 2003
- Procedural Posture
- Appeal / Motion in Writing to Adduce Fresh Evidence and to File a Supplementary Memorandum; Decided Without Appearance
- Outcome
- Respondent's motion dismissed with costs.
- Legal Topics
- Admission of Fresh Evidence, Relevance, Stay Order, Termination of Stay, Motion for Leave
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
George Dumont
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Appeal / Motion in Writing to Adduce Fresh Evidence and to File a Supplementary Memorandum; Decided Without Appearance
Legal Issues
- 1 Whether a decision of the Minister of Veterans Affairs dated May 28, 2002 can be admitted as fresh evidence on appeal
- 2 Whether the Minister's decision is relevant where the appellant challenges the merits of Tremblay-Lamer J.'s stay order
- 3 Whether leave to file a supplementary memorandum should be granted
Ratio Decidendi
The motion is dismissed because the proffered Ministerial decision is irrelevant to the appeal, which challenges the merits of the stay order; therefore leave to adduce that decision and to file a supplementary memorandum is refused.
Court Disposition
Respondent's motion dismissed with costs.
Orders
- Motion by the respondent for leave to adduce in evidence a decision of the Minister of Veterans Affairs dated May 28, 2002 is dismissed with costs.
- Motion by the respondent for leave to file a supplementary memorandum of law is dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Dumont v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2003-01-08 Neutral citation 2003 FCA 6 File numbers A-376-02 Decision Content Date: 20030108 Docket: A-376-02 Ottawa, Ontario, January 8, 2003 Present: Nadon J.A. BETWEEN: GEORGE DUMONT Appellant and HER MAJESTY THE QUEEN Respondent ORDER The motion by the respondent for leave (i) to adduce in evidence a decision of the Minister of Veterans Affairs dated May 28, 2002; and (ii) to file a supplementary memorandum of law is dismissed with costs. "M. Nadon" J.A. Certified true translation Mary Jo Egan, LLB Date: 20030108 Docket: A-376-02 Neutral Citation: 2003 FCA 6 BETWEEN: GEORGE DUMONT Appellant and HER MAJESTY THE QUEEN Respondent Motion in writing decided without appearance by the parties Order made at Ottawa, Ontario, on January 8, 2003 REASONS FOR ORDER: NADON J.A. Date: 20030108 Docket: A-376-02 Neutral Citation: 2003 FCA 6 BETWEEN: GEORGE DUMONT Appellant and HER MAJESTY THE QUEEN Respondent REASONS FOR ORDER NADON J.A. [1] The respondent seeks to introduce fresh evidence: a decision of the Minister of Veterans Affairs dated May 28, 2002. The respondent submits that the decision is relevant because its effect is to terminate the stay order made by Madam Justice Tremblay-Lamer on June 5, 2002. [2] In my view, because the appellant is challenging the merits of the order of Tremblay-Lamer J. by way of appeal, the fresh evidence that the respondent seeks to introduce is completely irrelevant. [3] Accordingly, the respondent's motion will be dismissed with costs. "M. Nadon" J.A. Certified true translation Mary Jo Egan, LLB FEDERAL COURT OF CANADA APPEAL DIVISION SOLICITORS OF RECORD DOCKET: A-376-02 STYLE OF CAUSE: George Dumont v. Her Majesty the Queen PLACE OF HEARING: Motion in writing without appearance by the parties REASONS BY: Nadon J.A. DATED: January 8, 2003 WRITTEN SUBMISSIONS BY: Jacques Ferron FOR THE APPELLANT Vincent Veilleux FOR THE RESPONDENT SOLICITORS OF RECORD: Jacques Ferron FOR THE APPELLANT Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada