Date: 20030120
Docket: A-493-01
Neutral Citation: 2003 FCA 23
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NADON J.A.
BETWEEN:
EXPRESS HAVRE ST-PIERRE LTÉE
Appellant
and
DENIS LEBLANC
Respondent
and
ROBERT DEBLOIS
Respondent-Third Party
Hearing held at Québec, Quebec, on January 20, 2003.
Judgment delivered from the bench at Québec, Quebec, on January 20, 2003.
REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A.
Date: 20030120
Docket: A-493-01
Neutral Citation: 2003 FCA 23
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NADON J.A.
BETWEEN:
EXPRESS HAVRE ST-PIERRE LTÉE
Appellant
and
DENIS LEBLANC
Respondent
and
ROBERT DEBLOIS
Respondent-Third Party
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Québec, Quebec,
on January 20, 2003.)
LÉTOURNEAUJ.A.:
[1] In the particular circumstances of this appeal in which, from the beginning and throughout the litigation, the appellant has engaged in multiple proceedings, creating such confusion that a miscarriage of justice could result for the respondent, the appeal will be allowed without costs, for the sole purpose of amending the order made by the Motions Judge on
August 27, 2001. The portion of that order referring to the judge to be appointed now reads as follows:
A judge will be appointed to proceed by way of a specially managed proceeding to determine, on the basis of the evidence in docket T-792-00, whether or not the refusal to reinstate the respondent following the order to reinstate made by Arbitrator François G. Fortier was based on unjustified or illegal grounds, and accordingly to establish the compensation.
"Gilles Létourneau"
J.A.
Certified true translation
Mary Jo Egan, LLB
FEDERAL COURT OF CANADA
APPEAL DIVISION
SOLICITORS OF RECORD
DOCKET: A-493-01
STYLE OF CAUSE: EXPRESS HAVRE ST-PIERRE LTÉE v. DENIS LEBLANC ET AL
PLACE OF HEARING: QUÉBEC, QUEBEC
DATE OF HEARING: January 20, 2003
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NADON J.A.
REASONS FOR JUDGMENT
OF THE COURT BY: LÉTOURNEAU J.A.
DATED: January 20, 2003
APPEARANCES:
Jean-François La Forge FOR THE APPELLANT
Laval Dallaire/Odette Lacroix FOR THE RESPONDENT
SOLICITORS OF RECORD:
Jean-François La Forge FOR THE APPELLANT
Sainte-Foy, Quebec
Heenan Blaikie FOR THE RESPONDENT
Québec, Quebec
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