Montréal, Quebec, June 6, 2007
PRESENT: Richard Morneau, Esq., Prothonotary
In the matter of the Canada Labour Code,
R.S.C. (1985), c. L-2 as amended.
And in the matter of an order on dismissal
made by arbitrator Jean-Paul Boily on August 19, 2005,
under subsection 242(4) of the Canada Labour Code,
R.S.C (1985), c. L-2 as amended and
regarding Mr. Gilles Gagnon, 1218 Richard Street
Blainville, QC J7C 3H7 and Transport Car-Fré Ltée,
233 Albert-Mondou Street, St-Eustache, QC J7R 7A7
And in the matter of filing said order with the Federal Court
under subsection 244(1) of the Canada Labour Code.
REASONS FOR ORDER AND ORDER
[1] WHEREAS the adverse party, Transport Car-Fré Ltée, both in this docket and in T-1302-06, requested by means of letters dated May 23, 2007, that its objection to a real property seizure that was carried out on March 19, 2007 (Transport Car-Fré’s objection) be handled in writing, in accordance with Rule 369 of the Federal Courts Rules;
[2] WHEREAS the Court is of the view that this review approach may be retained, and that in that respect, the reply record submitted by Transport Car-Fré on May 23, 2007, is hereby accepted for filing;
[3] WHEREAS in adjudging Transport Car-Fré’s objection on the merits, the Court finds that the arbitration award dated August 19, 2005 (the arbitration award), is fully enforceable and that Transport Car-Fré’s objection is in reality a disguised appeal or application for judicial review of the arbitration award, and that such means cannot be admitted, given the final judgment by this Court on January 9, 2007.
[4] WHEREAS article 596 of the Code of Civil Procedure cannot be applied in the case at hand to defeat the seizure carried out on March 19, 2007.
[5] AFTER reading and analyzing the various motion records filed by the parties.
THE COURT ORDERS AS FOLLOWS:
- It dismisses the objection by Transport Car-Fré Ltée.
- The Reasons for Order and Order in this docket also apply, mutadis mutandis, in docket T-1302-06, and a copy of said Reasons and Order will also be placed therein.
- The garnisher is entitled to a set of costs for both dockets.
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-1301-06
STYLE OF CAUSE: In the matter of the Canada Labour Code, et al
regarding:
TRANSPORT CAR-FRÉ LTÉE
Adverse Claimant
and
GILLES GAGNON
partie saisissante
WRITTEN MOTION REVIEWED AT MONTRÉAL WITHOUT APPEARANCE OF THE PARTIES
REASONS FOR ORDER PROTHONOTARY MORNEAU
WRITTEN SUBMISSIONS:
|
Pierre-Louis Trudeau
|
FOR THE ADVERSE CLAIMANT |
|
Gilles Brunet
|
FOR THE GARNISHER |
SOLICITORS OF RECORD:
|
Le Cabinet d’Avocats Civilis S.A. Laval, Quebec
|
FOR THE ADVERSE CLAIMANT |
|
Brunet & Robillard Avocats, s.e.n.c. Laval, Quebec
|
FOR THE GARNISHER |