Docket: A-111-15
Citation: 2015 FCA 262
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CORAM:
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GAUTHIER J.A.
BOIVIN J.A.
DE MONTIGNY J.A.
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BETWEEN:
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PIERRE FAUTEUX
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Applicant
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and
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ATTORNEY
GENERAL OF CANADA
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Respondent
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Heard
at Montréal, Quebec, on November 24, 2015.
Judgment delivered from the Bench at Montréal, Quebec, on November
24, 2015.
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REASONS FOR JUDGMENT OF THE COURT BY:
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BOIVIN
J.A.
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Docket: A-111-15
Citation: 2015 FCA 262
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CORAM:
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GAUTHIER J.A.
BOIVIN J.A.
DE MONTIGNY J.A.
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BETWEEN:
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PIERRE FAUTEUX
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Applicant
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and
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ATTORNEY
GENERAL OF CANADA
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Respondent
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REASONS FOR JUDGMENT OF
THE COURT
(Delivered from the Bench at Montréal, Quebec,
on November 24, 2015.)
BOIVIN J.A.
[1]
We are all of the opinion that there is no
reason to intervene.
[2]
We are not satisfied that the Chairperson of the
Canada Agricultural Review Tribunal (Tribunal) erred in the exercise of his
discretion in case management when deciding that it was preferable to decide
the preliminary argument raised by the applicant during the hearing on the
merits before the Tribunal.
[3]
More specifically, the application for judicial
review filed by the applicant seeks an interlocutory decision, and there are no
exceptional circumstances in the case at hand that would give rise to a
judicial review while the administrative process is still ongoing (C.B.
Powell Limited v. Canada (Border Services Agency), 2010 FCA 61, [2011] 2 F.C.R.
332, at paragraph 33).
[4]
The application for judicial review will
therefore be dismissed, without costs.
“Richard Boivin”
Certified true
translation
François Brunet, revisor
FEDERAL COURT OF APPEAL
SOLICITORS
OF RECORD
(APPEAL FROM A JUDGMENT OF
CHAIRPERSON DON BUCKINGHAM OF THE CANADA AGRICULTURAL REVIEW TRIBUNAL DATED
FEBRUARY 18, 2015, DOCKET NO. PV(ACIA)1213QC0169-1, CART/CRAC-1780.)
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STYLE OF CAUSE:
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PIERRE FAUTEUX
v. ATTORNEY GENERAL OF CANADA
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PLACE OF HEARING:
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Montréal, QuEbec
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DATE OF HEARING:
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NOVEMBER 24, 2015
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REASONS FOR JUDGMENT
OF THE COURT BY:
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GAUTHIER J.A.
BOIVIN J.A.
DE MONTIGNY J.A.
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DELIVERED
FROM THE BENCH BY:
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BOIVIN J.A.
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APPEARANCES:
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Vincent Lamontagne
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FOR THE
APPLICANT
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Dominique Guimond
Laurent Brisebois
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FOR THE
RESPONDENT
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SOLICITORS OF RECORD:
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RICHER & ASSOCIÉS
Sherbrooke, Quebec
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FOR THE
APPLICANT
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William F. Pentney
Deputy Attorney General of Canada
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FOR THE
RESPONDENT
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