Arcand v. Abiwin Co-operative Inc., 2011 FCA 170

Date: May 17, 2011

Docket: A-230-10

Citation: 2011 FCA 170

CORAM:       BLAIS C.J.

                        SHARLOW J.A.

                        LAYDEN-STEVENSON J.A.

BETWEEN:

ISABELLE ARCAND

Appellant

and

ABIWIN CO-OPERATIVE INC.

Respondent

Heard at Ottawa, Ontario, on May 17, 2011.

Judgment delivered from the Bench at Ottawa, Ontario, on May 17, 2011.

REASONS FOR JUDGMENT OF THE COURT BY:                        LAYDEN-STEVENSON J.A.

Date: May 17, 2011

Docket: A-230-10

Citation: 2011 FCA 170

CORAM:       BLAIS C.J.

                        SHARLOW J.A.

                        LAYDEN-STEVENSON J.A.

BETWEEN:

ISABELLE ARCAND

Appellant

and

ABIWIN CO-OPERATIVE INC.

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Ottawa, Ontario, on May 17, 2011)

LAYDEN-STEVENSON J.A.

[1]        This is an appeal from the judgment of Justice O’Keefe of the Federal Court (2010 FC 529) dismissing the appellant’s application under section 14 of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5.

[2]        Despite the able and articulate submissions of Ms. Arcand, we are of the view that the appeal must be dismissed. The judge identified the correct legal principles and applied them to interpret the parties’ settlement agreement in the context of the underlying facts. It is not the function of an appellate court to determine the weight to be assigned to the evidence. Although Justice O’Keefe did not accept the appellant’s evidence, he did not ignore it. We see no error of law or principle, or any palpable or overriding error of fact in the judge’s analysis. There is nothing that warrants our intervention.

[3]        Consequently, the appeal will be dismissed.

“Carolyn Layden-Stevenson”

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                              A-230-10

STYLE OF CAUSE:                                                              ARCAND v ABIWIN CO-OPERATIVE INC.

PLACE OF HEARING:                                                        Ottawa, Ontario

DATE OF HEARING:                                                          May 17, 2011

REASONS FOR JUDGMENT OF THE COURT BY:       BLAIS C.J., SHARLOW and LAYDEN-STEVENSON JJ.A.

DELIVERED FROM THE BENCH BY:                            LAYDEN-STEVENSON J.A.

APPEARANCES:

SOLICITORS OF RECORD: