Pascal v. Canada (Attorney General)
The Trial Division correctly dismissed the application for judicial review because of inordinate delay; the appellant demonstrated no error in that conclusion, and therefore the appeal is dismissed.
Source-derived case information.
- Citation
- 2003 FCA 275
- Parties
- Appellant: Jean Claude Pascal; Respondent: The Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 20 June 2003
- Procedural Posture
- Judicial Review and Appeal / Appeal to the Federal Court of Appeal From Trial Division Order (motion Dismissed for Delay)
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Judicial Review, Dismissal for Delay, Procedural Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jean Claude Pascal
Appellant
The Attorney General of Canada
Respondent
Procedural Posture
Judicial Review and Appeal / Appeal to the Federal Court of Appeal From Trial Division Order (motion Dismissed for Delay)
Legal Issues
- 1 Whether the application for judicial review should be dismissed for delay
- 2 Whether the Trial Division erred in dismissing the appellant's motion on appeal
Ratio Decidendi
The Trial Division correctly dismissed the application for judicial review because of inordinate delay; the appellant demonstrated no error in that conclusion, and therefore the appeal is dismissed.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs.
- Application for judicial review dismissed for delay.
Full Case Text
Judgment text and source record
1 paragraphs
Pascal v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2003-06-20 Neutral citation 2003 FCA 275 File numbers A-535-02 Decision Content Date: 20030620 Docket: A-535-02 Citation: 2003 FCA 275 CORAM: DESJARDINS J.A. NADON J.A. PELLETIER J.A. BETWEEN: JEAN CLAUDE PASCAL Appellant and THE ATTORNEY GENERAL OF CANADA Respondent Hearing held at Montréal, Quebec, June 19, 2003. Judgment delivered at Montréal, Quebec, June 20, 2003. REASONS FOR JUDGMENT: NADON J.A. CONCURRING: DESJARDINS J.A. PELLETIER J.A. Date: 20030620 Docket: A-535-02 Citation: 2003 FCA 275 CORAM: DESJARDINS J.A. NADON J.A. PELLETIER J.A. BETWEEN: JEAN CLAUDE PASCAL Appellant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT NADON J.A. [1] The appellant, by his appeal, challenges a decision dated August 27, 2002, of Mr. Justice Pinard of the Trial Division, who dismissed his motion on appeal of the decision of Prothonotary Richard Morneau, who dismissed his application for judicial review. [2] For the reasons stated by Pinard J. in support of his order of August 27, 2002, I am of the opinion that he committed no error in dismissing the appellant's motion on appeal and in dismissing his application for judicial review because of delay. [3] I am therefore of the opinion that the appeal should be dismissed with costs. "Marc Nadon" J.A. "I concur with these reasons Alice Desjardins J.A." "I concur with these reasons J.D. Denis Pelletier J.A." FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20030620 Docket: A-535-02 Between: JEAN CLAUDE PASCAL Appellant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT FEDERAL COURT OF CANADA APPEAL DIVISION SOLICITORS OF RECORD Appeal from the order dated August 27, 2002, by the Honourable Mr. Justice Yvon Pinard of the Trial Division of the Federal Court of Canada in relation to docket T-1507-01. DOCKET: A-535-02 STYLE: JEAN CLAUDE PASCAL Appellant and THE ATTORNEY GENERAL OF CANADA Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: June 19, 2003 REASONS FOR JUDGMENT: Nadon J.A. CONCURRING: Desjardins J.A. Pelletier J.A. DATED: June 20, 2003 APPEARANCES: Jean Claude Pascal FOR THE APPELLANT Vaudreuil-Dorion, Quebec (himself) Michel Mathieu FOR THE RESPONDENT SOLICITORS OF RECORD: Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Ottawa, Ontario