Date: 20080403
Docket: A-72-07
Citation: 2008 FCA
121
Present: NADON J.A.
BETWEEN:
EDSON
EMILIO ALVAREZ GARCIA
Applicant
and
ATTORNEY
GENERAL OF CANADA
Respondent
Dealt with in writing without appearance
of parties.
Order delivered at Ottawa, Ontario,
on April 3, 2008.
REASONS
FOR ORDER BY: NADON
J.A.
Date: 20080403
Docket: A-72-07
Citation: 2008 FCA 121
Present: NADON
J.A.
BETWEEN:
EDSON EMILIO ALVAREZ GARCIA
Applicant(s)
and
ATTORNEY GENERAL OF CANADA
Respondent(s)
REASONS FOR ORDER
NADON J.A.
[1]
On
November 20, 2007, Ryer J.A. granted leave to the applicant to serve and file a
Supplementary Record for the sole purpose of adducing into the record copy of a
Memorandum dated July 29, 2005, prepared by Ms. Dorothy Brown, in her capacity
as an employee of Human Resources and Skills Development Canada, and that
related to the entitlement of Mr. Garcia to the employment insurance benefits
that he claims.
[2]
The
Supplementary Record filed by the applicant on February 8, 2008, is clearly not
in accordance with Ryer J.A.’s Order. As the respondent points out in its
Notice of Motion, the Supplementary Record introduces additional facts, legal
arguments, conclusions and authorities.
[3]
The motion
shall therefore be allowed and the Supplementary Record will be struck from the
record. I am prepared, however, to grant leave to the applicant to file a
Supplementary Record which complies with Ryer J.A.’s Order. Accordingly, the
applicant may file such a record by no later than April 21, 2008.
“M.
Nadon”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-72-07
STYLE OF CAUSE: EDSON
EMILIO ALVAREZ GARCIA v. A.G.C.
MOTION
DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: NADON J.A.
DATED: APRIL 3, 2008
WRITTEN
REPRESENTATIONS BY:
|
Edson Emilio Alvarez Garcia
|
APPLICANT
ON HIS OWN BEHALF
|
|
Nicholas R. Banks
Pauline
Leroux
|
FOR
THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
John H. Sims, Q.C.
Deputy
Attorney General of Canada
|
FOR
THE RESPONDENT
|
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