Date: 20070606

Docket: T-1301-06

Citation: 2007 FC 605

[ENGLISH TRANSLATION]

Montréal, Quebec, June 6, 2007

PRESENT: Richard Morneau, Esq., Prothonotary

In the matter of the Canada Labour Code,

R.S.C. (1985), c. L-2 as amended.

And in the matter of an order on dismissal

 made by arbitrator Jean-Paul Boily on August 19, 2005,

under subsection 242(4) of the Canada Labour Code,

R.S.C (1985), c. L-2 as amended and

regarding Mr. Gilles Gagnon, 1218 Richard Street

Blainville, QC J7C 3H7 and Transport Car-Fré Ltée,

 233 Albert-Mondou Street, St-Eustache, QC J7R 7A7

And in the matter of filing said order with the Federal Court

 under subsection 244(1) of the Canada Labour Code.

REASONS FOR ORDER AND ORDER

[1]               WHEREAS the adverse party, Transport Car-Fré Ltée, both in this docket and in T-1302-06, requested by means of letters dated May 23, 2007, that its objection to a real property seizure that was carried out on March 19, 2007 (Transport Car-Fré’s objection) be handled in writing, in accordance with Rule 369 of the Federal Courts Rules;

[2]               WHEREAS the Court is of the view that this review approach may be retained, and that in that respect, the reply record submitted by Transport Car-Fré on May 23, 2007, is hereby accepted for filing;

[3]               WHEREAS in adjudging Transport Car-Fré’s objection on the merits, the Court finds that the arbitration award dated August 19, 2005 (the arbitration award), is fully enforceable and that Transport Car-Fré’s objection is in reality a disguised appeal or application for judicial review of the arbitration award, and that such means cannot be admitted, given the final judgment by this Court on January 9, 2007.

[4]               WHEREAS article 596 of the Code of Civil Procedure cannot be applied in the case at hand to defeat the seizure carried out on March 19, 2007.

[5]               AFTER reading and analyzing the various motion records filed by the parties.

            THE COURT ORDERS AS FOLLOWS:

-                     It dismisses the objection by Transport Car-Fré Ltée.

-                     The Reasons for Order and Order in this docket also apply, mutadis mutandis, in docket T-1302-06, and a copy of said Reasons and Order will also be placed therein.

-                     The garnisher is entitled to a set of costs for both dockets.

“Richard Morneau”

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-1301-06

STYLE OF CAUSE:                          In the matter of the Canada Labour Code, et al

                                                            regarding:

                                                            TRANSPORT CAR-FRÉ LTÉE

                                                            Adverse Claimant

                                                            and

                                                            GILLES GAGNON

                                                            partie saisissante

WRITTEN MOTION REVIEWED AT MONTRÉAL WITHOUT APPEARANCE OF THE PARTIES

REASONS FOR ORDER                 PROTHONOTARY MORNEAU

DATED:                                             June 6, 2007

WRITTEN SUBMISSIONS:

SOLICITORS OF RECORD: