Canada v. Vandal
The appeal was dismissed as moot because the appeals officer issued a final decision, so the challenge to the interlocutory ruling was rendered academic and the issues are better addressed in the judicial review of the final decision.
Source-derived case information.
- Citation
- 2009 FCA 179
- Parties
- Appellant: HER MAJESTY THE QUEEN IN RIGHT OF CANADA; Respondent: ÉRIC VANDAL; Respondent: JACQUES ST-PIERRE; Respondent: JOËL TURBIS; Respondent: PHILIPPE GOSSELIN
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 28 May 2009
- Procedural Posture
- Judicial Review of Administrative Decision (appeals Officer Under Canada Labour Code) / Federal Court of Appeal Disposition on Appeal of Interlocutory Decision Rendered Moot After Appeals Officer Issued Final Decision
- Outcome
- Appeal dismissed as moot.
- Legal Topics
- Judicial Review, Mootness, Jurisdiction of Administrative Tribunal, Appeals Officer Under Canada Labour Code, Interlocutory Vs Final Decision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Appellant
ÉRIC VANDAL
Respondent
JACQUES ST-PIERRE
Respondent
JOËL TURBIS
Respondent
PHILIPPE GOSSELIN
Respondent
Procedural Posture
Judicial Review of Administrative Decision (appeals Officer Under Canada Labour Code) / Federal Court of Appeal Disposition on Appeal of Interlocutory Decision Rendered Moot After Appeals Officer Issued Final Decision
Legal Issues
- 1 Whether the appeal is moot following a final decision by the appeals officer
- 2 Whether the trial judge erred in dismissing the judicial review application as premature
- 3 Whether the issues should be decided in the context of the final decision rather than on the interlocutory ruling
Ratio Decidendi
The appeal was dismissed as moot because the appeals officer issued a final decision, so the challenge to the interlocutory ruling was rendered academic and the issues are better addressed in the judicial review of the final decision.
Court Disposition
Appeal dismissed as moot.
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Canada v. Vandal Court (s) Database Federal Court of Appeal Decisions Date 2009-05-28 Neutral citation 2009 FCA 179 File numbers A-551-08 Decision Content Cour d'appel fédérale CANADA Federal Court of Appeal Date: 20090528 Docket: A-551-08 Citation: 2009 FCA 179 CORAM: DESJARDINS J.A. NOËL J.A. BLAIS J.A. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA Appellant and ÉRIC VANDAL JACQUES ST-PIERRE JOËL TURBIS PHILIPPE GOSSELIN Respondents Hearing held at Montréal, Quebec, on May 28, 2009. Judgment delivered from the Bench at Montréal, Quebec, on May 28, 2009. REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. Date: 20090528 Docket: A-551-08 Citation: 2009 FCA 179 CORAM: DESJARDINS J.A. NOËL J.A. BLAIS J.A. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA Appellant and ÉRIC VANDAL JACQUES ST-PIERRE JOËL TURBIS PHILIPPE GOSSELIN Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on May 28, 2009) DESJARDINS J.A. [1] The appeals officer, appointed under section 145.1 of the Canada Labour Code, R.S.C., 1985, c. L-2, has now rendered his final decision, which is the subject of an application for judicial review in the Federal Court. Accordingly, the appeal before this Court of the decision of the trial judge (Canada v. Vandal, 2008 FC 1116, M. Lagacé D.J.), who dismissed as premature the application for judicial review of the interlocutory decision of the appeals officer on his jurisdiction to hear the matter, has become moot. [2] The parties acknowledged that, in challenging the final decision, they could present all the arguments that they intended to submit to this Court, such that, aside from the time factor, they would suffer no prejudice. [3] In these circumstances, it is best that the issues be addressed in the context of the final decision. [4] The appeal will therefore be dismissed with costs. “Alice Desjardins” J.A. Certified true translation Tu‑Quynh Trinh FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-551-08 (APPEAL OF A DECISION OF THE HONOURABLE MAURICE E. LAGACÉ, DEPUTY JUDGE OF THE FEDERAL COURT, DATED OCTOBER 7, 2008, DOCKET NUMBER T‑2110-07). STYLE OF CAUSE: HER MAJESTY THE QUEEN IN RIGHT OF CANADA v. ÉRIC VANDAL ET AL PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: May 28, 2009 REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. NOËL J.A. BLAIS J.A. DELIVERED FROM THE BENCH BY: DESJARDINS J.A. APPEARANCES: Nadine Perron Nadia Hudon FOR THE APPELLANT Marie Pepin FOR THE RESPONDENTS SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada Montréal, Quebec FOR THE APPELLANT Marie Pepin Avocate Inc. Montréal, Quebec FOR THE RESPONDENTS