Fauteux v. Canada (Attorney General)
The Court refused to intervene because the Chairperson did not err in exercising case management discretion by deciding the preliminary argument during the merits hearing and there were no exceptional circumstances warranting interlocutory judicial review while the administrative process continued.
Source-derived case information.
- Citation
- 2015 FCA 262
- Parties
- Applicant: Pierre Fauteux; Respondent: Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 24 November 2015
- Procedural Posture
- Judicial Review of Administrative Decision / Decision on Application for Judicial Review Dismissal by Federal Court of Appeal
- Outcome
- Application for judicial review dismissed
- Legal Topics
- Case Management, Interlocutory Review, Discretionary Decision, Exceptional Circumstances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pierre Fauteux
Applicant
Attorney General of Canada
Respondent
Procedural Posture
Judicial Review of Administrative Decision / Decision on Application for Judicial Review Dismissal by Federal Court of Appeal
Legal Issues
- 1 Whether the Chairperson of the Canada Agricultural Review Tribunal erred in exercising case management discretion by deciding a preliminary argument during the merits hearing
- 2 Whether an interlocutory judicial review is appropriate while the administrative process remains ongoing
- 3 Whether exceptional circumstances exist to justify interim judicial review
Ratio Decidendi
The Court refused to intervene because the Chairperson did not err in exercising case management discretion by deciding the preliminary argument during the merits hearing and there were no exceptional circumstances warranting interlocutory judicial review while the administrative process continued.
Court Disposition
Application for judicial review dismissed
Orders
- Application for judicial review dismissed without costs
Full Case Text
Judgment text and source record
1 paragraphs
Fauteux v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2015-11-24 Neutral citation 2015 FCA 262 File numbers A-111-15 Decision Content Date: 20151124 Docket: A-111-15 Citation: 2015 FCA 262 CORAM: GAUTHIER J.A. BOIVIN J.A. DE MONTIGNY J.A. BETWEEN: PIERRE FAUTEUX Applicant and ATTORNEY GENERAL OF CANADA Respondent Heard at Montréal, Quebec, on November 24, 2015. Judgment delivered from the Bench at Montréal, Quebec, on November 24, 2015. REASONS FOR JUDGMENT OF THE COURT BY: BOIVIN J.A. Date: 20151124 Docket: A-111-15 Citation: 2015 FCA 262 CORAM: GAUTHIER J.A. BOIVIN J.A. DE MONTIGNY J.A. BETWEEN: PIERRE FAUTEUX Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on November 24, 2015.) BOIVIN J.A. [1] We are all of the opinion that there is no reason to intervene. [2] We are not satisfied that the Chairperson of the Canada Agricultural Review Tribunal (Tribunal) erred in the exercise of his discretion in case management when deciding that it was preferable to decide the preliminary argument raised by the applicant during the hearing on the merits before the Tribunal. [3] More specifically, the application for judicial review filed by the applicant seeks an interlocutory decision, and there are no exceptional circumstances in the case at hand that would give rise to a judicial review while the administrative process is still ongoing (C.B. Powell Limited v. Canada (Border Services Agency), 2010 FCA 61, [2011] 2 F.C.R. 332, at paragraph 33). [4] The application for judicial review will therefore be dismissed, without costs. “Richard Boivin” J.A. Certified true translation François Brunet, revisor FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-111-15 (APPEAL FROM A JUDGMENT OF CHAIRPERSON DON BUCKINGHAM OF THE CANADA AGRICULTURAL REVIEW TRIBUNAL DATED FEBRUARY 18, 2015, DOCKET NO. PV(ACIA)1213QC0169-1, CART/CRAC-1780.) STYLE OF CAUSE: PIERRE FAUTEUX v. ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Montréal, QuEbec DATE OF HEARING: NOVEMBER 24, 2015 REASONS FOR JUDGMENT OF THE COURT BY: GAUTHIER J.A. BOIVIN J.A. DE MONTIGNY J.A. DELIVERED FROM THE BENCH BY: BOIVIN J.A. APPEARANCES: Vincent Lamontagne FOR THE APPLICANT Dominique Guimond Laurent Brisebois FOR THE RESPONDENT SOLICITORS OF RECORD: RICHER & ASSOCIÉS Sherbrooke, Quebec FOR THE APPLICANT William F. Pentney Deputy Attorney General of Canada FOR THE RESPONDENT