Giroux v. R.
The appeal is dismissed because the appellant failed to establish that the trial judge committed any error in relation to the first competition and failed to prove that false statements were made in the second competition; the appellate court found no manifest or overriding error and the evidence did not establish...
Source-derived case information.
- Citation
- 2002 FCA 319
- Parties
- Appellant: Yvon Giroux; Respondent: Her Majesty in Right of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 11 September 2002
- Procedural Posture
- Appeal / Final Judgment
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Judicial Review, Appellate Standard of Review, False Statements Vs Misinformation, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yvon Giroux
Appellant
Her Majesty in Right of Canada
Respondent
Procedural Posture
Appeal / Final Judgment
Legal Issues
- 1 Whether the trial judge erred in the review of the first competition
- 2 Whether false statements were established in the second competition
- 3 Whether misinformation equates to a false statement warranting intervention
Ratio Decidendi
The appeal is dismissed because the appellant failed to establish that the trial judge committed any error in relation to the first competition and failed to prove that false statements were made in the second competition; the appellate court found no manifest or overriding error and the evidence did not establish the alleged faults.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Giroux v. R. Court (s) Database Federal Court of Appeal Decisions Date 2002-09-11 Neutral citation 2002 FCA 319 File numbers A-333-01 Decision Content Date: 20020911 Docket: A-333-01 Neutral Citation: 2002 FCA 319 CORAM: DESJARDINS J.A. NOËL J.A. NADON J.A. BETWEEN: YVON GIROUX Appellant and HER MAJESTY IN RIGHT OF CANADA Respondent Hearing held at Montréal, Quebec, on September 11, 2002. Judgment delivered at Montréal, Quebec, on September 11, 2002. REASONS FOR JUDGMENT OF THE COURT: NOËL J.A. Date: 20020911 Docket: A-333-01 Neutral Citation: 2002 FCA 319 CORAM: DESJARDINS J.A. NOËL J.A. NADON J.A. BETWEEN: YVON GIROUX Appellant and HER MAJESTY IN RIGHT OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on September 11, 2002) NOËL J.A. [1] Despite your valiant efforts, Mr. Giroux, we are unable to allow your appeal. [2] With respect to the first competition, we cannot find any error in the reasons of Justice Blais warranting intervention. With respect to the second competition, there is a huge difference between misinformation and a false statement, and we are of the view that the first judge did not make an error, manifest or otherwise, in finding at paragraph 93 of his reasons that you did not establish that false statements were made. [3] Our own review of the evidence leads us to the conclusion that the faults you alleged in your action have not been established. [4] The appeal will be dismissed with costs. "Marc Noël" J.A. Certified true translation Mary Jo Egan, LLB FEDERAL COURT OF CANADA APPEAL DIVISION SOLICITORS OF RECORD DOCKET: A-333-01 STYLE OF CAUSE: YVON GIROUX Appellant and HER MAJESTY IN RIGHT OF CANADA Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: September 11, 2002 REASONS FOR JUDGMENT OF THE COURT: THE HONOURABLE MR. JUSTICE NOËL J.A. CONCURRED IN BY: THE HONOURABLE MADAM JUSTICE DESJARDINS J.A. THE HONOURABLE MR. JUSTICE NADON J.A. DATE OF REASONS: September 11, 2002 APPEARANCES: Yvon Giroux Saint-Hubert, Quebec FOR THE APPELLANT Raymond Piché FOR THE RESPONDENT SOLICITORS OF RECORD: Morris Rosenberg Deputy Attorney General of Canada Montréal, Quebec FOR THE RESPONDENT Date: 20020911 Docket: A-333-01 Montréal, Quebec, September 11, 2002 CORAM : DESJARDINS J.A. NOËL J.A. NADON J.A. BETWEEN: YVON GIROUX Appellant and HER MAJESTY IN RIGHT OF CANADA Respondent JUDGMENT The appeal is dismissed with costs. "Alice Desjardins" J.A. Certified true translation Mary Jo Egan, LLB FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20020911 Docket: A-333-01 Between: YVON GIROUX Appellant and HER MAJESTY IN RIGHT OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT