Date: 20001101
Docket: A-156-99
Montréal, Quebec, Wednesday, November 1, 2000
CORAM: DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
RUBEN CALDEIRA
Plaintiff
- and -
THE ATTORNEY GENERAL OF CANADA
Defendant
J U D G M E N T
The application for judicial review is dismissed with costs.
Robert Décary
J.A.
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
Date: 20001101
Docket: A-156-99
Coram: DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
Between:
RUBEN CALDEIRA
Plaintiff
- and -
THE ATTORNEY GENERAL OF CANADA
Defendant
Hearing held at Montréal, Quebec on Wednesday, November 1, 2000
Judgment from the bench at Montréal, Quebec on Wednesday, November 1, 2000
REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A.
Date: 20001101
Docket: A-156-99
Coram: DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
Between:
RUBEN CALDEIRA
Plaintiff
- and -
THE ATTORNEY GENERAL OF CANADA
Defendant
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec
on Wednesday, November 1, 2000)
LÉTOURNEAU J.A.
[1] The plaintiff has not persuaded the Court that there is any basis for reviewing the umpire's decision which dismissed an appeal from a unanimous decision of the board of referees. The latter saw and heard the plaintiff and did not believe his version of the facts.
[2] The plaintiff argued that both the board of referees and the umpire did not want to consider certain evidence which he had and which he said would have had an impact on the decision rendered. The Court is persuaded that the evidence mentioned in this Court by the plaintiff is not sufficient to cast doubt on the findings of the umpire and the board of referees.
[3] The application for judicial review will accordingly be dismissed with costs.
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Gilles Létourneau
J.A.
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Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20001101
Docket: A-156-99
Between:
RUBEN CALDEIRA
Plaintiff
- and -
THE ATTORNEY GENERAL OF CANADA
Defendant
REASONS FOR JUDGMENT OF THE COURT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE: A-156-99
CORAM: DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
STYLE OF CAUSE:
RUBEN CALDEIRA
Plaintiff
- and -
THE ATTORNEY GENERAL OF CANADA
Defendant
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: November 1, 2000
REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A.
DATED: November 1, 2000
APPEARANCES:
Ruben Caldeira FOR THE PLAINTIFF
Francisco Couto FOR THE DEFENDANT
SOLICITOR OF RECORD:
Morris Rosenberg FOR THE DEFENDANT
Deputy Attorney General of Canada
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