ALLAIN c. Canada (Attorney General)
The umpire's factual findings were supported by Exhibit P-5 and Exhibit P-8 did not contradict the gist of those findings; therefore there was no reviewable error and the application for judicial review must be dismissed.
Source-derived case information.
- Citation
- 2001 FCA 28
- Parties
- Applicant: Rosemonde Allain; Respondent: The Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 20 February 2001
- Procedural Posture
- Judicial Review / Judgment on Appeal
- Outcome
- Application for judicial review dismissed; no costs awarded.
- Legal Topics
- Standard of Review, Factual Findings, Documentary Evidence, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rosemonde Allain
Applicant
The Attorney General of Canada
Respondent
Procedural Posture
Judicial Review / Judgment on Appeal
Legal Issues
- 1 Whether the umpire made a reviewable error in his factual findings
- 2 Whether Exhibit P-5 provided sufficient support for the umpire's finding of fact
- 3 Whether the umpire's failure to expressly refer to Exhibit P-8 constituted a reviewable error
Ratio Decidendi
The umpire's factual findings were supported by Exhibit P-5 and Exhibit P-8 did not contradict the gist of those findings; therefore there was no reviewable error and the application for judicial review must be dismissed.
Court Disposition
Application for judicial review dismissed; no costs awarded.
Orders
- Application for judicial review dismissed
- No costs awarded
Full Case Text
Judgment text and source record
1 paragraphs
ALLAIN c. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2001-02-20 Neutral citation 2001 FCA 28 File numbers A-38-98 Decision Content Docket: A-38-98 OTTAWA, ONTARIO, FEBRUARY 20, 2001 CORAM: DÉCARY J.A. LÉTOURNEAU J.A. NOËL J.A. BETWEEN: ROSEMONDE ALLAIN Applicant - and - THE ATTORNEY GENERAL OF CANADA Respondent JUDGMENT The application for judicial review is dismissed with costs. Robert Décary J.A. Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. Date: 20010220 Docket: A-38-98 2001 FCA 28 CORAM: DÉCARY J.A. LÉTOURNEAU J.A. NOËL J.A. BETWEEN: ROSEMONDE ALLAIN Applicant - and - THE ATTORNEY GENERAL OF CANADA Respondent Hearing by teleconference at Ottawa, Ontario on Tuesday, February 20, 2001 Judgment from the bench at Ottawa, Ontario on Tuesday, February 20, 2001 REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A. Date: 20010220 Docket: A-38-98 2001 FCA 28 CORAM: DÉCARY J.A. LÉTOURNEAU J.A. NOËL J.A. BETWEEN: ROSEMONDE ALLAIN Applicant - and - THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Ottawa, Ontario on Tuesday, February 20, 2001) DÉCARY J.A. [1] Despite Mr. Boudreau's skilful presentation, we were not persuaded that the umpire made any reviewable error. Exhibit P-5, which is the statement made to a Commission officer by the claimant, contains sufficient information to support the finding of fact made by the umpire. It is true that Exhibit P-8, to which the umpire did not expressly refer, sets out the facts from a slightly different standpoint, but not in our opinion to such an extent as to contradict the gist of the testimony contained in Exhibit P-5 or to suggest that the umpire did not consider it. [2] The application for judicial review will be dismissed. As the respondent did not apply for costs, it would not be appropriate to award any. Robert Décary J.A. Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD FILE: A-38-98 STYLE OF CAUSE: ROSEMONDE ALLAIN and THE ATTORNEY GENERAL OF CANADA PLACE OF TELECONFERENCE: OTTAWA, ONTARIO HALIFAX, NOVA SCOTIA CARAQUET, NEW BRUNSWICK DATE OF TELECONFERENCE: FEBRUARY 20, 2001 REASONS FOR JUDGMENT OF THE COURT:DÉCARY, LÉTOURNEAU AND NOËL J.J.A. DATED: FEBRUARY 20, 2001 APPEARANCES: Denis J. Boudreau FOR THE APPLICANT Ginette Mazerolle FOR THE RESPONDENT SOLICITORS OF RECORD: Doiron, LeBouthillier, Boudreau FOR THE APPLICANT Tracadie-Sheila, New Brunswick Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Ottawa, Ontario