Les viandes du breton inc. v. Canada (Canadian Food Inspection Agency)
The Court held that the Federal Court judges committed no material or conclusive error; therefore appellate intervention was unwarranted, the appeals are dismissed, costs are awarded limited to a single set for the hearing and the respondent is entitled to disbursements in each appeal.
Source-derived case information.
- Citation
- 2007 FCA 341
- Parties
- Appellant: LES VIANDES DU BRETON INC.; Respondent: CANADIAN FOOD INSPECTION AGENCY
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 29 October 2007
- Procedural Posture
- Appeal / Decision
- Outcome
- Appeals dismissed
- Legal Topics
- Standard of Review, Reasonableness, Costs and Disbursements, Judicial Deference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
LES VIANDES DU BRETON INC.
Appellant
CANADIAN FOOD INSPECTION AGENCY
Respondent
Procedural Posture
Appeal / Decision
Legal Issues
- 1 Whether the Federal Court judges made material or conclusive errors warranting appellate intervention
- 2 Whether the appeals should be dismissed and what costs order should be made
Ratio Decidendi
The Court held that the Federal Court judges committed no material or conclusive error; therefore appellate intervention was unwarranted, the appeals are dismissed, costs are awarded limited to a single set for the hearing and the respondent is entitled to disbursements in each appeal.
Court Disposition
Appeals dismissed
Orders
- Appeals dismissed with costs
- Costs limited to a single set for the hearing
Full Case Text
Judgment text and source record
1 paragraphs
Les viandes du breton inc. v. Canada (Canadian Food Inspection Agency) Court (s) Database Federal Court of Appeal Decisions Date 2007-10-29 Neutral citation 2007 FCA 341 File numbers A-147-06, A-424-06 Decision Content Date: 20071029 Dockets: A-147-06 A-424-06 Citation: 2007 FCA 341 CORAM: LÉTOURNEAU J.A. NOËL J.A. TRUDEL J.A. BETWEEN: A-147-06 LES VIANDES DU BRETON INC. Appellant and CANADIAN FOOD INSPECTION AGENCY Respondent ________________________________________________ A-424-06 LES VIANDES DU BRETON INC. Appellant and CANADIAN FOOD INSPECTION AGENCY Respondent Hearing held at Québec, Quebec on October 29, 2007. Judgment from the bench at Québec, Quebec on October 29, 2007. REASONS FOR JUDGMENT OF THE COURT: LÉTOURNEAU J.A. Date: 20071029 Dockets: A-147-06 A-424-06 Citation: 2007 FCA 341 CORAM: LÉTOURNEAU J.A. NOËL J.A. TRUDEL J.A. BETWEEN: A-147-06 LES VIANDES DU BRETON INC. Appellant and CANADIAN FOOD INSPECTION AGENCY Respondent ________________________________________________ A-424-06 LES VIANDES DU BRETON INC. Appellant and CANADIAN FOOD INSPECTION AGENCY Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Québec, Quebec on October 29, 2007) LÉTOURNEAU J.A. [1] Despite the admirable efforts of counsel for the appellant, and without approving each and every one of the justifications given by the two Federal Court judges, this Court considers that they made no material or conclusive error that would allow it to intervene in either of the decisions made by those judges. [2] The two appeals will be dismissed with costs, the latter limited to a single set for the hearing. However, the respondent will be entitled to its disbursements in each of the appeal cases. [3] A copy of these reasons will be entered in case A-147-06. “Gilles Létourneau” J.A. Certified true translation Brian McCordick, Translator FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKETS: A-147-06 and A-424-06 STYLE OF CAUSE: LES VIANDES DU BRETON INC. v. CANADIAN FOOD INSPECTION AGENCY PLACE OF HEARING: Québec, Quebec DATE OF HEARING: October 29, 2007 REASONS FOR JUDGMENT OF THE LÉTOURNEAU J.A. COURT: NOËL J.A. TRUDEL J.A. DELIVERED FROM THE BENCH BY: LÉTOURNEAU J.A. APPEARANCES: Louis Masson FOR THE APPELLANT Sébastien Gagné FOR THE RESPONDENT SOLICITORS OF RECORD: Joli-Cœur, Lacasse, Geoffrion, Jetté, Saint-Pierre Québec, Quebec FOR THE APPELLANT John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT