Morin v. Canada (Attorney General)
The Court dismissed the application for judicial review because it lacked jurisdiction: the applicant did not appeal the Board of Referees' initial decision and the Commission's appeal was withdrawn making the Board's decision final, rendering the application moot and an abuse of process.
Source-derived case information.
- Citation
- 2006 FCA 94
- Parties
- Applicant: Serge Morin; Respondent: Attorney General of Canada; Respondent: Human Resource Centres of Canada; Respondent: Entreprises Kiewit Ltée
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 7 March 2006
- Procedural Posture
- Judicial Review / Motion for Preliminary Dismissal (decided Without Appearance)
- Outcome
- Application dismissed and discontinued for lack of jurisdiction and mootness
- Legal Topics
- Jurisdiction, Mootness, Abuse of Process, Finality of Administrative Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Serge Morin
Applicant
Attorney General of Canada
Respondent
Human Resource Centres of Canada
Respondent
Entreprises Kiewit Ltée
Respondent
Procedural Posture
Judicial Review / Motion for Preliminary Dismissal (decided Without Appearance)
Legal Issues
- 1 Whether the Federal Court of Appeal had jurisdiction to hear the application for judicial review
- 2 Whether the application disclosed any cause of action
- 3 Whether the application was moot
Ratio Decidendi
The Court dismissed the application for judicial review because it lacked jurisdiction: the applicant did not appeal the Board of Referees' initial decision and the Commission's appeal was withdrawn making the Board's decision final, rendering the application moot and an abuse of process.
Court Disposition
Application dismissed and discontinued for lack of jurisdiction and mootness
Orders
- The application for judicial review is dismissed and discontinued
Full Case Text
Judgment text and source record
1 paragraphs
Morin v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2006-03-07 Neutral citation 2006 FCA 94 File numbers A-625-05 Decision Content Date: 20060307 Docket: A-625-05 Citation: 2006 FCA 94 CORAM: DÉCARY J.A. NOËL J.A. NADON J.A. BETWEEN: SERGE MORIN Applicant AND ATTORNEY GENERAL OF CANADA and HUMAN RESOURCE CENTRES OF CANADA and ENTREPRISES KIEWIT LTÉE Respondents Motion in writing decided without appearance of the parties. Order delivered at Ottawa, Ontario, on March 7, 2006. REASONS FOR ORDER: NOËL J.A. CONCURRED IN BY: DÉCARY J.A. NADON J.A. Date: 20060307 Docket: A-625-05 Citation: 2006 FCA xx CORAM: DÉCARY J.A. NOËL J.A. NADON J.A. BETWEEN: SERGE MORIN Applicant AND ATTORNEY GENERAL OF CANADA and HUMAN RESOURCE CENTRES OF CANADA and ENTREPRISES KIEWIT LTÉE Respondents REASONS FOR ORDER [1] The Court has before it a motion for the preliminary dismissal of the application for judicial review on the grounds that it does not disclose any cause of action and that it is an abuse of process. [2] In my opinion, the Court does not have jurisdiction to hear the application and it would therefore be appropriate to discontinue it at this preliminary stage. In fact, as the Umpire explains, the applicant did not appeal the initial decision by the Board of Referees. The Commission had appealed that decision, but the appeal has since been withdrawn, such that the Board of Referee's decision is final. [3] As the application for judicial review is moot, it would be appropriate to discontinue it and, accordingly, it shall be dismissed. "M. Noël" J.A. "I concur. Robert Décary J.A." "I concur. M. Nadon J.A." Certified true translation Kelley A. Harvey, BCL, LLB FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-625-05 STYLE OF CAUSE: Serge Morin v. A.G.C. et al. MOTION IN WRITING DECIDED WITHOUT APPEARANCE OF THE PARTIES REASONS FOR ORDER: NOËL J.A. CONCURRED IN BY: DÉCARY J.A. NADON J.A. DATE OF REASONS: March 7, 2006 SUBMISSIONS IN WRITING: Serge Morin (representing himself) FOR THE APPLICANT Pauline Leroux FOR THE RESPONDENTS SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENTS