Dugré v. Canada (Attorney General)
The Court found the appeal indistinguishable from prior Dugré decisions and therefore doomed to fail under the established criterion; accordingly the appeal was summarily dismissed and the request for a stay was denied as not in the interests of justice given the multiplicity of interlocutory proceedings.
Source-derived case information.
- Citation
- 2021 FCA 139
- Parties
- Appellant: THE HONOURABLE GÉRARD DUGRÉ; Respondent: THE ATTORNEY GENERAL OF CANADA
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 12 July 2021
- Procedural Posture
- Judicial Review Appeal / Summary Dismissal
- Outcome
- Appeal summarily dismissed; application for stay denied.
- Legal Topics
- Prematurity, Summary Dismissal, Stay of Proceedings, Interlocutory Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
THE HONOURABLE GÉRARD DUGRÉ
Appellant
THE ATTORNEY GENERAL OF CANADA
Respondent
Procedural Posture
Judicial Review Appeal / Summary Dismissal
Legal Issues
- 1 Whether the appeal is materially distinguishable from Dugré v. Canada (Attorney General), 2021 FCA 8 and 2021 FCA 40
- 2 Whether the appeal should be summarily dismissed as doomed to fail under the Dugré criterion
- 3 Whether a stay should be granted pending possible Supreme Court review
Ratio Decidendi
The Court found the appeal indistinguishable from prior Dugré decisions and therefore doomed to fail under the established criterion; accordingly the appeal was summarily dismissed and the request for a stay was denied as not in the interests of justice given the multiplicity of interlocutory proceedings.
Court Disposition
Appeal summarily dismissed; application for stay denied.
Orders
- Application for a stay denied.
- Appeal summarily dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Dugré v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2021-07-12 Neutral citation 2021 FCA 139 File numbers A-168-21 Decision Content Date: 20210712 Docket: A-168-21 Citation: 2021 FCA 139 [ENGLISH TRANSLATION] Ottawa , Ontario , July 12, 2021 CORAM: NOËL C.J. RENNIE J.A. LEBLANC J.A. BETWEEN: THE HONOURABLE GÉRARD DUGRÉ Appellant and THE ATTORNEY GENERAL OF CANADA Respondent JUDGMENT WHEREAS the appellant filed a notice of appeal on June 14, 2021, against a Federal Court decision dismissing his application for judicial review for prematurity; WHEREAS the Court, on its own motion, issued a Direction on June 16, 2021, asking the parties to submit their respective positions in writing as to whether the appeal should be summarily dismissed based on the criterion for dismissal set out in Dugré v. Canada (Attorney General), 2021 FCA 8 (Dugré #1) and Dugré v. Canada (Attorney General), 2021 FCA 40 (Dugré #2); WHEREAS the written submissions of the parties on these issues were received and examined by the undersigned judges; WHEREAS the appellant was unable to demonstrate why this appeal is different from those that were summarily dismissed by this Court in Dugré #1 and Dugré #2; WHEREAS, under the criterion for dismissal set out in Dugré #1 and Dugré #2, this appeal is doomed to fail and therefore must also be summarily dismissed; WHEREAS the appellant asks that the appeal be stayed to preserve his rights in the event that the Supreme Court grants his applications for leave to appeal against Dugré #1 and Dugré #2 and ultimately reverses those decisions; WHEREAS, in Dugré #2, the Court already explained why it is not in the interest of justice to grant a stay in this case in view of the problems arising from the multiplicity of interlocutory proceedings introduced by the appellant; THEREFORE, the Court dismisses the application for a stay and summarily dismisses the appeal. “Marc Noël” C.J. “Donald J. Rennie” J.A. “René LeBlanc” J.A. Certified true translation François Brunet, Revisor