Canada (Attorney General) v. Le Centre de valorisation des produits marins de Tourelle Inc.
The umpire unlawfully substituted his own assessment of the facts and credibility for that of the Board of Referees; because the record contained sufficient evidence to support the Board's conclusions, the umpire's decision was set aside and the matter remitted for disposition consistent with the view that the...
Source-derived case information.
- Citation
- 2003 FCA 344
- Parties
- Applicant: The Attorney General of Canada; Respondent: Le Centre de Valorisation des Produits Marins de Tourelle Inc.
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 18 September 2003
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Application for judicial review allowed; decision of the umpire set aside; matter referred back to the chief umpire or designate to be decided again on the basis that the respondent's appeal from the Board of Referees should be dismissed; costs awarded to the applicant.
- Legal Topics
- Standard of Review, Credibility Findings, Scope of Appellate Review, Remittal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Attorney General of Canada
Applicant
Le Centre de Valorisation des Produits Marins de Tourelle Inc.
Respondent
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether an umpire may substitute his own assessment of facts and the credibility of witnesses for that of the Board of Referees
- 2 Whether the Board of Referees' factual findings were reasonably open on the record
- 3 Appropriate remedy when an umpire exceeds his limited appellate role
Ratio Decidendi
The umpire unlawfully substituted his own assessment of the facts and credibility for that of the Board of Referees; because the record contained sufficient evidence to support the Board's conclusions, the umpire's decision was set aside and the matter remitted for disposition consistent with the view that the respondent's appeal from the Board should be dismissed.
Court Disposition
Application for judicial review allowed; decision of the umpire set aside; matter referred back to the chief umpire or designate to be decided again on the basis that the respondent's appeal from the Board of Referees should be dismissed; costs awarded to the applicant.
Orders
- Application for judicial review allowed with costs.
- Decision of the umpire set aside.
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Le Centre de valorisation des produits marins de Tourelle Inc. Court (s) Database Federal Court of Appeal Decisions Date 2003-09-18 Neutral citation 2003 FCA 344 File numbers A-547-01 Decision Content Date: 20030918 Docket: A-547-01 Citation: 2003 FCA 344 CORAM: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and LE CENTRE DE VALORISATION DES PRODUITS MARINS DE TOURELLE INC. Respondent Hearing held at Québec, Quebec, on September 18, 2003. Judgment from the bench at Québec, Quebec, on September 18, 2003. REASONS FOR JUDGMENT OF THE COURT: LÉTOURNEAU J.A. Date: 20030918 Docket: A-547-01 Citation: 2003 FCA 344 CORAM: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and LE CENTRE DE VALORISATION DES PRODUITS MARINS DE TOURELLE INC. Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Québec, Quebec, on September 18, 2003) LÉTOURNEAU J.A. [1] We consider that this application for judicial review should be allowed. The umpire simply substituted his assessment of the facts and of the credibility of the witnesses, here the employer, for that of the Board of Referees. [2] He did not have that power. His function is limited "to deciding whether the view of facts taken by the Board of Referees was reasonably open to them on the record": Attorney General of Canada v. McCarthy, 174 N.R. 28 (F.C.A.). In the case at bar, the record contained sufficient evidence for the Board of Referees to arrive at the conclusions which the umpire incorrectly reversed. [3] The application for judicial review will be allowed with costs, the decision of the umpire set aside and the matter referred back to the chief umpire or to an umpire designated by him to be again decided on the basis that the appeal filed by the respondent from the Board of Referees' decision should be dismissed. "Gilles Létourneau" J.A. Certified true translation Suzanne M. Gauthier, C. Tr., LL.L. FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20030918 Docket: A-547-01 Between: THE ATTORNEY GENERAL OF CANADA Applicant and LE CENTRE DE VALORISATION DES PRODUITS MARINS DE TOURELLE INC. Respondent REASONS FOR JUDGMENT OF THE COURT FEDERAL COURT OF CANADA APPEAL DIVISION SOLICITORS OF RECORD DOCKET: A-547-01 STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA v. LE CENTRE DE VALORISATION DES PRODUITS MARINS DE TOURELLE INC. PLACE OF HEARING: QUÉBEC, QUEBEC DATE OF HEARING: September 18, 2003 CORAM: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. REASONS FOR JUDGMENT OF THE COURT: DATE OF REASONS: APPEARANCES: Carole Bureau FOR THE APPLICANT Christian Lévesque FOR THE RESPONDENT SOLICITORS OF RECORD: Department of Justice - Canada FOR THE APPLICANT Montréal, Quebec Christian Lévesque FOR THE RESPONDENT Tourelle, Quebec