Canada (Attorney General) v. Laflamme, docket A-931-96

A-931-96

MONTRÉAL, QUEBEC, THE 18^TH DAY OF SEPTEMBER, 1997

CORAM:              THE HONOURABLE MR. JUSTICE MARCEAU

THE HONOURABLE MR. JUSTICE MacGUIGAN

THE HONOURABLE MADAM JUSTICE DESJARDINS

BETWEEN:              THE ATTORNEY GENERAL OF CANADA,

Applicant

AND:

JACQUES LAFLAMME,

Respondent

    

J U D G M E N T

                 The application for judicial review is allowed; the decision of the umpire is set aside and the matter is returned to the chief umpire for reconsideration by him or an umpire he appoints, on the presumption that the decision of the Board of Referees adopting the determination of the Commission can only be upheld.

Louis Marceau

J.A.

Certified true translation

Christiane Delon

A-931-96

CORAM:              THE HONOURABLE MR. JUSTICE MARCEAU

THE HONOURABLE MR. JUSTICE MacGUIGAN

THE HONOURABLE MADAM JUSTICE DESJARDINS

BETWEEN:

THE ATTORNEY GENERAL OF CANADA,

Applicant

- and -

JACQUES LAFLAMME,

Respondent

Hearing held in Montréal, Quebec, Thursday, September 18, 1997.

Judgment rendered at the hearing, Thursday, September 18, 1997.

REASONS FOR JUDGMENT OF THE COURT BY:      MARCEAU, J.A.

A-931-96

CORAM:              THE HONOURABLE MR. JUSTICE MARCEAU

THE HONOURABLE MR. JUSTICE MacGUIGAN

THE HONOURABLE MADAM JUSTICE DESJARDINS

BETWEEN:

THE ATTORNEY GENERAL OF CANADA,

Applicant

- and -

JACQUES LAFLAMME,

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Pronounced at the hearing in Montréal, Quebec,

Thursday, September 18, 1997)

MARCEAU, J.A.

     The Court has just rendered judgment in another case¹ in which the problem to be resolved was exactly the same as the one posed here. It is obvious that this application can only be considered as the other one was, and on the basis of the same reasons. It will therefore be allowed and the decision will be set aside.

Louis Marceau

J.A.

Certified true translation

Christiane Delon

---

IN THE FEDERAL COURT OF APPEAL

A-931-96

BETWEEN:

THE ATTORNEY GENERAL OF CANADA,

Applicant

- and -

JACQUES LAFLAMME,

Respondent

REASONS FOR JUDGMENT OF THE COURT

FEDERAL COURT OF CANADA

APPEAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

FILE NO:              A-931-96

STYLE:              Attorney General of Canada v.

Jacques Laflamme

PLACE OF HEARING:      Montréal, Quebec

DATE OF HEARING:      September 18, 1997

REASONS FOR JUDGMENT

OF THE COURT:          (Marceau, MacGuigan, Desjardins, JJ.C.A.)

PRONOUNCED AT THE HEARING BY: Marceau, J.A.

APPEARANCES:

Carole Bureau                      FOR THE APPLICANT

Jacques Laflamme                      FOR THE RESPONDENT

SOLICITORS OF RECORD:

George Thomson

Deputy Attorney General of Canada

Ottawa, Ontario                      FOR THE APPLICANT

Jacques Laflamme

Verchères, Quebec                      FOR THE RESPONDENT

__________________

¹      Attorney General of Canada v. Simone Girard, file no. A-6-97, dated September 18, 1997.