Docket:
A-10-13
Citation: 2013
FCA 211
CORAM:
NOËL J.A.
TRUDEL J.A.
MAINVILLE J.A.
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BETWEEN:
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DR. V.I. FABRIKANT
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Appellant
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and
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HER MAJESTY THE QUEEN
IN RIGHT OF CANADA,
CORRECTIONAL SERVICE CANADA
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Respondents
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Heard at Montréal, Quebec, on September 12, 2013.
Judgment delivered from the Bench at Montréal, Quebec, on September
12, 2013.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL
J.A.
Docket:
A-10-13
Citation:
2013 FCA 211
CORAM:
NOËL
J.A.
TRUDEL
J.A.
MAINVILLE
J.A.
|
BETWEEN:
|
|
DR. V.I. FABRIKANT
|
|
Appellant
|
|
and
|
|
HER MAJESTY THE QUEEN
IN RIGHT OF CANADA,
CORRECTIONAL SERVICE CANADA
|
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Respondents
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REASONS FOR JUDGMENT OF THE COURT
(Delivered from the
Bench at Montréal, Quebec, on September 12, 2013).
NOËL J.A.
The motion to
allow new evidence in the form of the ten page fax addressed to the Registry on
September 12, 2013, is allowed, and the appeal from the decision of the
Federal Court is dismissed with costs, no reviewable error having been
demonstrated.
"Marc Noël"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Docket:
A-10-13
(APPEAL FROM AN ORDER OF JUSTICE GLEASON
DATED DECEMBER 18, 2012, DOCKET NO. T-1981-11)
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STYLE OF CAUSE:
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DR. V.I.
FABRIKANT v. HER MAJESTY THE QUEEN IN RIGHT OF CANADA, CORRECTIONAL SERVICE CANADA
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PLACE OF HEARING:
Montréal, Quebec
DATE OF HEARING:
SEPTEMBER
12, 2013
REASONS FOR JUDGMENT OF THE COURT BY:
NOËL J.A.
TRUDEL J.A.
MAINVILLE J.A.
DELIVERED
FROM THE BENCH BY:
NOËL
J.A.
APPEARANCES:
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Dr. Valery Fabrikant
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FOR THE APPELLANT
(ON HIS OWN BEHALF)
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Pascale-Catherine Guay
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For The RespondentS
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SOLICITORS OF RECORD:
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William F. Pentney
Deputy Attorney General of Canada
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For The RespondentS
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