A-928-96
MONTRÉAL, QUEBEC, THIS 23rd DAY OF MAY 1997
CORAM: THE HONOURABLE MR. JUSTICE HUGESSEN
THE HONOURABLE MR. JUSTICE DENAULT
THE HONOURABLE MR. JUSTICE MacGUIGAN
BETWEEN: MARIE LALIBERTÉ,
Applicant,
AND:
CANADA EMPLOYMENT AND
IMMIGRATION COMMISSION,
-and-
ATTORNEY GENERAL OF CANADA,
Respondents.
J U D G M E N T
The application is dismissed.
James K. Hugessen
J.A.
Certified true translation
C. Delon, LL.L.
A-928-96
CORAM: HUGESSEN J.A.
DENAULT J.A.
MacGUIGAN J.A.
BETWEEN:
MARIE LALIBERTÉ,
Applicant,
AND:
CANADA EMPLOYMENT AND IMMIGRATION COMMISSION,
-and-
ATTORNEY GENERAL OF CANADA,
Respondents.
Hearing held at Montréal
on Wednesday, May 28, 1997
Judgment delivered at Montréal
on Wednesday, May 28, 1997
REASONS FOR JUDGMENT OF THE COURT BY: HUGESSEN J.A.
A-928-96
CORAM: HUGESSEN J.A.
DENAULT J.A.
MacGUIGAN J.A.
BETWEEN:
MARIE LALIBERTÉ,
Applicant,
AND:
CANADA EMPLOYMENT AND IMMIGRATION COMMISSION,
-and-
ATTORNEY GENERAL OF CANADA,
Respondents.
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal
on Wednesday, May 28, 1997)
HUGESSEN J.A.
The applicant contends that in allowing her own preliminary objection and allowing her appeal, the board of referees deprived her of her right to be heard. Before the Umpire, the applicant did not attempt to remedy this situation, which she herself had created. The argument and case law she had wanted to present to the board, concerning the interpretation and application of the collective agreement, could have been presented to the Umpire, but she did nothing about it. The Umpire did not offend the rules of natural justice by allowing the Commission's appeal and dismissing the applicant's.
The application will be dismissed.
James K. Hugessen
J.A.
Certified true translation
C. Delon, LL.L.
FEDERAL COURT OF APPEAL
A-928-96
BETWEEN:
MARIE LALIBERTÉ,
Applicant,
AND:
CANADA EMPLOYMENT AND IMMIGRATION COMMISSION,
-and-
ATTORNEY GENERAL OF CANADA,
Respondents.
REASONS FOR JUDGMENT OF THE COURT
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: A-928-96
STYLE OF CAUSE: MARIE LALIBERTÉ,
Applicant,
AND:
CANADA EMPLOYMENT AND
IMMIGRATION COMMISSION,
-and-
ATTORNEY GENERAL OF CANADA,
Respondents.
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: May 28, 1997
REASONS FOR JUDGMENT OF THE COURT (HUGESSEN, DENAULT AND MacGUIGAN JJ.A.)
DELIVERED FROM THE BENCH BY: The Honourable Mr. Justice Hugessen
Dated: May 28, 1997
APPEARANCES:
Guy Martin for the applicant
Claude Provencher for the respondent
SOLICITORS OF RECORD:
Sauvé & Roy
Montréal, Quebec for the applicant
George Thomson
Deputy Attorney General
of Canada
Ottawa, Ontario for the respondent
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