Docket: A-38-98
OTTAWA, ONTARIO, FEBRUARY 20, 2001
CORAM: DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
ROSEMONDE ALLAIN
Applicant
- and -
THE ATTORNEY GENERAL OF CANADA
Respondent
JUDGMENT
The application for judicial review is dismissed with costs.
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
Date: 20010220
Docket: A-38-98
2001 FCA 28
CORAM: DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
ROSEMONDE ALLAIN
Applicant
- and -
THE ATTORNEY GENERAL OF CANADA
Respondent
Hearing by teleconference at Ottawa, Ontario on Tuesday, February 20, 2001
Judgment from the bench at Ottawa, Ontario on Tuesday, February 20, 2001
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
Date: 20010220
Docket: A-38-98
2001 FCA 28
CORAM: DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
ROSEMONDE ALLAIN
Applicant
- and -
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Ottawa, Ontario
on Tuesday, February 20, 2001)
DÉCARY J.A.
[1] Despite Mr. Boudreau's skilful presentation, we were not persuaded that the umpire made any reviewable error. Exhibit P-5, which is the statement made to a Commission officer by the claimant, contains sufficient information to support the finding of fact made by the umpire. It is true that Exhibit P-8, to which the umpire did not expressly refer, sets out the facts from a slightly different standpoint, but not in our opinion to such an extent as to contradict the gist of the testimony contained in Exhibit P-5 or to suggest that the umpire did not consider it.
[2] The application for judicial review will be dismissed. As the respondent did not apply for costs, it would not be appropriate to award any.
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE: A-38-98
STYLE OF CAUSE:
ROSEMONDE ALLAIN
and
THE ATTORNEY GENERAL OF CANADA
PLACE OF TELECONFERENCE:
OTTAWA, ONTARIO
HALIFAX, NOVA SCOTIA
CARAQUET, NEW BRUNSWICK
DATE OF TELECONFERENCE: FEBRUARY 20, 2001
REASONS FOR JUDGMENT OF THE COURT:DÉCARY, LÉTOURNEAU AND NOËL J.J.A.
DATED: FEBRUARY 20, 2001
APPEARANCES:
Denis J. Boudreau FOR THE APPLICANT
Ginette Mazerolle FOR THE RESPONDENT
SOLICITORS OF RECORD:
Doiron, LeBouthillier, Boudreau FOR THE APPLICANT
Tracadie-Sheila, New Brunswick
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Ottawa, Ontario
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