Moussa v. Canada (Public Service Commission), 2006 FCA 21

Date: 20060118

Docket: A-222-03

Citation: 2006 FCA 21

CORAM:        ROTHSTEIN J.A.

SHARLOW J.A.

MALONE J.A.

BETWEEN:

                                                    FRANÇOIS ALAIN MOUSSA

                                                                                                                                            Appellant

                                                                           and

                                           THE PUBLIC SERVICE COMMISSION

                                    THE IMMIGRATION AND REFUGEE BOARD

                                                                                                                                      Respondents

                                Heard at Vancouver, British Columbia, on January 18, 2006.

          Judgment delivered from the Bench at Vancouver, British Columbia, on January 18, 2006.

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

Date: 20060118

Dockets: A-222-03

Citation: 2006 FCA 21

CORAM:        ROTHSTEIN J.A.

SHARLOW J.A.

MALONE J.A.

BETWEEN:

                                                    FRANÇOIS ALAIN MOUSSA

                                                                                                                                            Appellant

                                                                           and

                                           THE PUBLIC SERVICE COMMISSION

                                    THE IMMIGRATION AND REFUGEE BOARD

                                                                                                                                      Respondents

                                     REASONS FOR JUDGMENT OF THE COURT

           (Delivered from the Bench at Vancouver, British Columbia, on January 18, 2006)

SHARLOW J.A.

[1]                We are unable to find any error in the decision of the Federal Court judge, or the decision of Mr. Hargrave that was before the judge on the appeal under Rule 51. For that reason, this appeal must be dismissed.

[2]                Counsel for the appellant explained that the appellant, in attempting to introduce as evidence the three letters that were before Mr. Hargrave, was trying to ensure that the record before the Court in his judicial review application contained evidence of certain events that occurred during the investigation that are not reflected in the documentary record. We are unable to construe the material before Mr. Hargrave as meeting that description. It remains open to Mr. Moussa to make a new motion in the Federal Court for leave to submit a supplementary affidavit in proper form that meets that description, without the three letters that Mr. Hargrave already considered.

[3]                This appeal will be dismissed with costs.

(Sgd.) "Karen R. Sharlow"

   J.A.

                                                  FEDERAL COURT OF APPEAL

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                               A-222-03

STYLE OF CAUSE:                   Francois Alain Moussa v. The Public Service Commission

                                                                                                and The Immigration and Refugee

PLACE OF HEARING:                    Vancouver, British Columbia

DATE OF HEARING:                      January 18, 2006

REASONS FOR JUDGMENT:       ROTHSTEIN, SHARLOW, MALONE JJ.A

DATED:                                             January 18, 2006

APPEARANCES:

SOLICITORS OF RECORD: