Robert v. Canada (Attorney General), 2013 FCA 229

Date: 20130930

Docket: A-492-12

Citation: 2013 FCA 229

CORAM:       NOËL J.A.

PELLETIER J.A.

TRUDEL J.A.

Heard at Montréal, Quebec, on September 30, 2013.

Judgment delivered from the bench at Montréal, Quebec, on September 30, 2013.

REASONS FOR JUDGMENT OF THE COURT BY:                                                  NOËL J.A.

Date: 20130930

Docket:  

A-492-12

Citation: 2013 FCA 229

CORAM:       NOËL J.A.

PELLETIER J.A.

TRUDEL J.A.

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the bench at Montréal, Quebec, on September 30, 2013)

NOËL J.A.

[1]               This is an appeal from a decision of the Federal Court in which Justice Pinard dismissed an application for judicial review filed by Dr. Sylvain Robert (the appellant) against a decision by Correctional Service Canada (CSC) to award to Multi Options Nursing Inc. (MON) a service contract for the provision of dental care to the inmates of the Laval Complex.

[2]               Notwithstanding Mr. Racicot’s excellent arguments, we were unable to identify any error that would justify this Court’s intervention. We consider it useful to add that the appellant’s main argument appears to us to be based on an incorrect premise. Although the contract between MON and CSC could be read differently, the evidence unequivocally demonstrates that the agreement reached by the parties was that MON, as an employment agency, would make available to CSC the services of a qualified dentist.

[3]               The appeal will be dismissed with costs.

“Marc Noël”

Certified true translation

Erich Klein

FEDERAL COURT OF APPEAL

SOLICITORS OF RECORD

Docket:

                                                                                                A-492-12

APPEAL FROM AN ORDER OF THE HONOURABLE JUSTICE PINARD DATED OCTOBER 26, 2012, DOCKET NO. T-1033-11

PLACE OF HEARING:

                                                                                                MONTRéAL, QUEBEC

DATE OF HEARING:

                                                                                                SEPTEMBER 30, 2013

REASONS FOR JUDGMENT OF THE COURT BY:  

NOËL J.A.

PELLETIER J.A.

TRUDEL J.A.

DELIVERED FROM THE BENCH BY:

                                                                                                NOËL J.A.

APPEARANCES:

SOLICITORS OF RECORD: