Date: 20100907
Docket: A-423-09
Citation:
2010 FCA 222
CORAM: BLAIS C.J.
NOËL
J.A.
TRUDEL
J.A.
BETWEEN:
THU-CUC LAM
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
Hearing held at Ottawa, Ontario, on September 7, 2010.
Judgment delivered from the
Bench at Ottawa, Ontario, on September 7, 2010.
REASONS FOR
JUDGEMENT OF THE COURT BY: NOËL
J.A.
Date: 20100907
Docket: A-423-09
Citation:
2010 FCA 222
CORAM: BLAIS C.J.
NOËL J.A.
TRUDEL J.A.
BETWEEN:
THU-CUC LAM
Appelant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on September 7, 2010)
NOËL J.A.
[1]
We are of the view that the judge of the Federal
Court, having found that the adjudicator had failed to allow the parties to make
submissions on the issue of the appropriate remedy, had to refer the case back
to the adjudicator for redetermination.
[2]
It is therefore appropriate to allow the appeal,
to set aside the decision of the Federal Court and to order that the matter be
referred back to the same adjudicator for redetermination of the issue of the
appropriate remedy.
[3]
The appellant is entitled to her costs before
this Court and at trial.
“Marc Noël”
Certified true
translation
Michael Palles
FEDERAL COURT OF APPEAL
SOLLICITORS OF RECORD
DOCKET: A-423-09
(APPEAL FROM A JUDGEMENT OF THE
HONOURABLE MR. JUSTICE MARTINEAU OF THE FEDERAL COURT DATED SEPTEMBER 16, 2009,
DOCKET NO. T-1350-08.)
STYLE OF CAUSE: THU-CUC
LAM and ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: September 7, 2010
REASONS FOR JUDGMENT OF THE COURT BY: BLAIS C.J., NOËL J.A., TRUDEL J.A.
DELIVERED FROM THE BENCH BY: NOËL J.A.
APPEARANCES:
|
James Cameron
|
FOR THE APPELLANT
|
|
Stéphan
Bertrand
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Raven, Cameron,
Ballantyne & Yazeck LLP/s.r.l.
Ottawa, Ontario
|
FOR THE
APPELLANT
|
|
Myles J.
Kirvan
Deputy Attorney General of Canada
|
FOR THE
RESPONDENT
|
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