Date: 19980608
Docket: A-203-97
(T-2016-95)
CORAM: MARCEAU J.A.
DÉCARY J.A.
LÉTOURNEAU J.A.
BETWEEN:
PATRICK GIRARDEAU
Appellant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
- and -
CURT G. ALLEN, DEPUTY COMMISSIONER
Third Party
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec
on Monday, June 8, 1998)
MARCEAU J.A.
[1] Despite his efforts, counsel for the appellant has not managed to satisfy us that the Trial Judge made any error that might have affected his finding and thereby prompted our intervention. After analyzing the case afresh in light of the submissions of both counsel, and particularly after putting the appellant"s reactions upon receipt of the notice of intention to discharge for unsuitability in perspective, and reviewing the grounds he argued in support of his discharge grievance, we do not see how, on judicial review, the Judge could fault the Deputy Commissioner for his reaction. He had no choice but to endorse the procedure which was followed and dismiss the grievance rather than set aside the discharge and order the file to be referred to a medical board, since neither the Act, the Regulations, the Commissioner"s standing orders nor the pleadings in the record as they stood at the time would support any other decision.
[2] The appeal must be dismissed.
Louis Marceau
J.A.
Certified true translation
Peter Douglas
Date: 19980608
Docket: A-203-97
(T-2016-95)
CORAM: MARCEAU J.A.
DÉCARY J.A.
LÉTOURNEAU J.A.
BETWEEN:
PATRICK GIRARDEAU
Appellant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
- and -
CURT G. ALLEN, DEPUTY COMMISSIONER
Third Party
Hearing held at Montréal, Quebec on Monday, June 8, 1998.
Judgment delivered from the bench on Monday, June 8, 1998.
REASONS FOR JUDGMENT OF THE COURT
DELIVERED BY: MARCEAU J.A.
FEDERAL COURT OF APPEAL
Date: 19980608
Docket: A-203-97
(T-2016-95)
BETWEEN:
PATRICK GIRARDEAU
Appellant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
- and -
CURT G. ALLEN, DEPUTY COMMISSIONER
Third Party
REASONS FOR JUDGMENT
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-203-97
APPEAL FROM A JUDGMENT OF THE TRIAL DIVISION DATED FEBRUARY 12, 1997. COURT FILE NO. T-2016-95
STYLE OF CAUSE: Patrick Girardeau v. Attorney General of Canada et al.
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: June 8, 1998
REASONS FOR JUDGMENT OF THE COURT: (Marceau, Décary, Létourneau, JJ.A.)
DELIVERED FROM THE BENCH BY: Marceau J.A.
APPEARANCES:
James R.K. Duggan for the appellant
Raymond Piché for the respondent
SOLICITORS OF RECORD:
James R.K. Duggan
Montréal, Quebec for the appellant
George Thomson
Deputy Attorney General of Canada for the respondent
Ottawa, Ontario
Date: 19980608
Docket: A-203-97
MONTRÉAL, QUEBEC, THE 8th DAY OF JUNE 1998
CORAM: THE HONOURABLE MR. JUSTICE MARCEAU
THE HONOURABLE MR. JUSTICE DÉCARY
THE HONOURABLE MR. JUSTICE LÉTOURNEAU
BETWEEN: PATRICK GIRARDEAU
Appellant
AND
ATTORNEY GENERAL OF CANADA
Respondent
AND
CURT G. ALLEN, DEPUTY COMMISSIONER
Third Party
J U D G M E N T
The appeal is dismissed with costs.
Louis Marceau
J.A.
Certified true translation
Peter Douglas