Morin v. Canada (Attorney General), 2006 FCA 94

Date: 20060307

Docket: A-625-05

Citation: 2006 FCA 94

CORAM:        DÉCARY J.A.                                                   

                         NOËL J.A.

                         NADON J.A.

BETWEEN:

SERGE MORIN

Applicant

AND

ATTORNEY GENERAL OF CANADA

and

HUMAN RESOURCE CENTRES OF CANADA

and

ENTREPRISES KIEWIT LTÉE

Respondents

Motion in writing decided without appearance of the parties.

Order delivered at Ottawa, Ontario, on March 7, 2006.

REASONS FOR ORDER:                                                                           NOËL J.A.

CONCURRED IN BY:                                                                                 DÉCARY J.A.

                                                                                                                    NADON J.A.

Date: 20060307

Docket: A-625-05

Citation: 2006 FCA xx

CORAM:        DÉCARY J.A.

                         NOËL J.A.

                         NADON J.A.

BETWEEN:

SERGE MORIN

Applicant

AND

ATTORNEY GENERAL OF CANADA

and

HUMAN RESOURCE CENTRES OF CANADA

and

ENTREPRISES KIEWIT LTÉE

Respondents

REASONS FOR ORDER

[1]                The Court has before it a motion for the preliminary dismissal of the application for judicial review on the grounds that it does not disclose any cause of action and that it is an abuse of process.

[2]                In my opinion, the Court does not have jurisdiction to hear the application and it would therefore be appropriate to discontinue it at this preliminary stage. In fact, as the Umpire explains, the applicant did not appeal the initial decision by the Board of Referees. The Commission had appealed that decision, but the appeal has since been withdrawn, such that the Board of Referee's decision is final.

[3]                As the application for judicial review is moot, it would be appropriate to discontinue it and, accordingly, it shall be dismissed.

"M. Noël"

"I concur.

       Robert Décary J.A."

"I concur.

       M. Nadon J.A."

Certified true translation

Kelley A. Harvey, BCL, LLB

FEDERAL COURT OF APPEAL

SOLICITORS OF RECORD

DOCKET:                                                                               A-625-05

STYLE OF CAUSE:                                                               Serge Morin v. A.G.C. et al.

MOTION IN WRITING DECIDED WITHOUT APPEARANCE OF THE PARTIES

REASONS FOR ORDER:                                                    NOËL J.A.

CONCURRED IN BY:                                                          DÉCARY J.A.

                                                                                                NADON J.A.

DATE OF REASONS:                                                           March 7, 2006

SUBMISSIONS IN WRITING:

SOLICITORS OF RECORD: