Canada (Attorney General) v. Castonguay
The Court held that the alleged errors were errors of fact rather than errors of law; under the exacting standard of judicial review the Court will not intervene for such errors, and therefore the applications for judicial review must be dismissed.
Source-derived case information.
- Citation
- 2003 FCA 374
- Parties
- Applicant: The Attorney General of Canada; Respondent: Jacqueline Castonguay; Respondent: Bernadette Ferron; Respondent: Department of Family and Community Services; Respondent: George Mazerolle
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 2 October 2003
- Procedural Posture
- Judicial Review Applications of Tax Court of Canada Decisions / Hearing and Reasons Delivered From the Bench at the Federal Court of Appeal; Appeals Dismissed
- Outcome
- Applications for judicial review dismissed with costs.
- Legal Topics
- Standard of Review, Error of Fact V. Error of Law, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Attorney General of Canada
Applicant
Jacqueline Castonguay
Respondent
Bernadette Ferron
Respondent
Department of Family and Community Services
Respondent
George Mazerolle
Respondent
Procedural Posture
Judicial Review Applications of Tax Court of Canada Decisions / Hearing and Reasons Delivered From the Bench at the Federal Court of Appeal; Appeals Dismissed
Legal Issues
- 1 Whether the Tax Court judge committed errors of law warranting appellate intervention
- 2 Whether the identified errors were errors of fact rather than errors of law
- 3 Whether the applicants met the exacting standard for judicial review intervention
Ratio Decidendi
The Court held that the alleged errors were errors of fact rather than errors of law; under the exacting standard of judicial review the Court will not intervene for such errors, and therefore the applications for judicial review must be dismissed.
Court Disposition
Applications for judicial review dismissed with costs.
Orders
- Applications for judicial review dismissed with costs on the basis of a common hearing.
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Castonguay Court (s) Database Federal Court of Appeal Decisions Date 2003-10-02 Neutral citation 2003 FCA 374 File numbers A-459-02 Decision Content Date: 20031002 Docket: A-459-02 Citation: 2003 FCA 374 CORAM: DESJARDINS J.A. DÉCARY J.A. PELLETIER J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and JACQUELINE CASTONGUAY Respondent A-460-02 THE ATTORNEY GENERAL OF CANADA Applicant and BERNADETTE FERRON Respondent A-461-02 THE ATTORNEY GENERAL OF CANADA and THE DEPARTMENT OF FAMILY AND COMMUNITY SERVICES and GEORGE MAZEROLLE Respondents Hearing held at Fredericton, New Brunswick, October 2, 2003. Judgment delivered from the bench at Fredericton, New Brunswick, October 2, 2003. REASONS FOR JUDGMENT OF THE COURT: DESJARDINS J.A. Date: 20031002 Docket: A-459-02 Citation: 2003 FCA 374 CORAM: DESJARDINS J.A. DÉCARY J.A. PELLETIER J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and JACQUELINE CASTONGUAY Respondent A-460-02 THE ATTORNEY GENERAL OF CANADA Applicant and BERNADETTE FERRON Respondent A-461-02 THE ATTORNEY GENERAL OF CANADA Applicant and THE DEPARTMENT OF FAMILY AND COMMUNITY SERVICES and GEORGE MAZEROLLE Respondents REASONS DELIVERED FROM THE BENCH (Delivered from the bench at Fredericton, New Brunswick, October 2, 2003) DESJARDINS J.A. [1] We are of the opinion that notwithstanding the submissions by the applicants, the errors for which the judge of the Tax Court of Canada is criticized appear to us to be errors of fact rather than errors of law. Given the exacting standard of judicial review, we are unable to find that there is any reason for us to intervene. [2] The applications for judicial review will be dismissed with costs on the basis of a common hearing. "Alice Desjardins" J.A. Certified true translation Suzanne Gauthier, C. Tr., LL.L. FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-459-02 STYLE: THE ATTORNEY GENERAL OF CANADA v. JACQUELINE CASTONGUAY A-460-02 THE ATTORNEY GENERAL OF CANADA v. BERNADETTE FERRON A-461-02 THE ATTORNEY GENERAL OF CANADA v. THE MINISTER OF FAMILY AND COMMUNITY SERVICES and GEORGE MAZEROLLE PLACE OF HEARING: Fredericton, New Brunswick DATE OF HEARING: October 2, 2003 REASONS FOR JUDGMENT: DESJARDINS J.A. DATED: October 2, 2003 APPEARANCES: Dominique Gallant FOR THE APPLICANTS Cedric L. Haines, Q.C. FOR THE RESPONDENTS Vicky Smith SOLICITORS OF RECORD: MORRIS ROSENBERG FOR THE APPLICANTS DEPUTY ATTORNEY GENERAL OF CANADA BRADLEY GREEN, ATTORNEY GENERAL FOR THE RESPONDENTS OF NEW BRUNSWICK