Halvorsen v. Canada (Attorney General)
The court was not satisfied that the Board made a perverse or capricious finding of fact or committed an error of law in applying the statutory provision; therefore the application for judicial review was dismissed.
Source-derived case information.
- Citation
- 2001 FCA 214
- Parties
- Applicant: Kaare Halvorsen; Respondent: The Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 25 June 2001
- Procedural Posture
- Judicial Review / Dismissal at Federal Court of Appeal
- Outcome
- Application for judicial review dismissed
- Legal Topics
- Judicial Review, Standard of Review, Error of Law, Findings of Fact, Perverse or Capricious
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kaare Halvorsen
Applicant
The Attorney General of Canada
Respondent
Procedural Posture
Judicial Review / Dismissal at Federal Court of Appeal
Legal Issues
- 1 Whether the Board based its decision on an erroneous finding of fact made in a perverse or capricious manner or without regard to the material before it
- 2 Whether the Board committed an error of law in its formulation or application of the relevant statutory provision
Ratio Decidendi
The court was not satisfied that the Board made a perverse or capricious finding of fact or committed an error of law in applying the statutory provision; therefore the application for judicial review was dismissed.
Court Disposition
Application for judicial review dismissed
Orders
- Application for judicial review dismissed
- No costs awarded
Full Case Text
Judgment text and source record
1 paragraphs
Halvorsen v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2001-06-25 Neutral citation 2001 FCA 214 File numbers A-690-00 Decision Content Date: 20010625 Docket: A-690-00 Citation: 2001 FCA 214 Vancouver, British Columbia, Monday, the 25th day of June, 2001 CORAM: ROTHSTEIN, J.A. SEXTON, J.A. EVANS, J.A. BETWEEN: KAARE HALVORSEN Applicant - and - THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT (Delivered orally from the Bench on Monday, June 25, 2001) EVANS, J.A. [1] We are not satisfied that the Board based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard to the material before it, or that it committed any error of law in its formulation or application of the relevant statutory provision. [2] The application for judical review will be dismissed. In his memorandum counsel for the respondent explicitly did not seek costs, and none will be awarded. (Sgd.) "John Maxwell Evans" J.A. Vancouver, British Columbia June 25, 2001