Federal Court of Appeal Decisions

Decision Information

Decision Content

Date: 20170412


Docket: A-231-16

Citation: 2017 FCA 77

[ENGLISH TRANSLATION]

CORAM:

GAUTHIER J.A.

SCOTT J.A.

DE MONTIGNY J.A.

 

 

BETWEEN:

DAVID LESSARD-GAUVIN

Appellant

and

ATTORNEY GENERAL OF CANADA

Respondent

Heard by teleconference

Between Ottawa, Ontario, and Quebec City, Quebec, on April 11, 2017.

Judgment delivered at Ottawa, Ontario, on April 12, 2017.

REASONS FOR JUDGMENT BY:

GAUTHIER J.A.

CONCURRED IN BY:

SCOTT J.A.

DE MONTIGNY J.A.

 


Date: 20170412


Docket: A-231-16

Citation: 2017 FCA 77

 

CORAM:

GAUTHIER J.A.

SCOTT J.A.

DE MONTIGNY J.A.

 

 

BETWEEN:

DAVID LESSARD-GAUVIN

Appellant

and

ATTORNEY GENERAL OF CANADA

Respondent

REASONS FOR JUDGMENT

GAUTHIER J.A.

[1]  David Lessard-Gauvin is appealing from an interlocutory order by Justice St-Louis of the Federal Court dated June 10, 2016, dismissing, in part, a multi-faceted motion

[2]  Essentially, the Federal Court rejected all of the aspects that it characterizes as requests for advice or for a legal opinion, including the request to point out to the appellant any gaps in his evidence or any breaches of the rules of procedure. The Federal Court also refused to re‑examine some issues that had been submitted to Justice LeBlanc of the Federal Court as part of another multi-faceted motion (2016 FC 418) filed in the same Federal Court docket, that is, number T‑569‑15. Justice LeBlanc’s decision was not appealed.

[3]  As is his custom (see, for example, 2016 FC 418, at paragraphs 23–24), the appellant raises before us numerous issues related to seven aspects of his motion, which the Federal Court describes in the first three pages of its order dated June 10, 2016, at subparagraphs 1, 2, 3, 4, 6, 7 and 8. He also argues that the Federal Court did not provide reasons for its decision to award costs in the amount of $500.00, payable forthwith, and that it erred in awarding them. It should be noted that Justice LeBlanc also awarded costs on that basis.

[4]  We have not been persuaded by the appellant that the Federal Court committed an error that warrants our intervention in this file. The appeal will be dismissed with costs fixed at $500.00 all inclusive.

“Johanne Gauthier”

J.A.

“I agree

A.F. Scott J.A.”

“I agree

Yves de Montigny J.A.”

 

Certified true translation

Janine Anderson, Revisor


FEDERAL COURT OF APPEAL

SOLICITORS OF RECORD


DOCKET:

A-231-16

APPEAL FROM AN ORDER OF JUSTICE ST-LOUIS OF THE FEDERAL COURT DATED JUNE 10, 2016, DOCKET NO. T-569-15.

STYLE OF CAUSE:

DAVID LESSARD-GAUVIN v. ATTORNEY GENERAL OF CANADA

 

 

MOTION BY VIDEOCONFERENCE WITH APPEARANCE OF THE PARTIES.

DATE OF HEARING:

APRIL 11, 2017

 

REASONS FOR JUDGMENT BY:

GAUTHIER J.A.

 

CONCURRED IN BY:

SCOTT J.A.

DE MONTIGNY J.A.

 

APPEARANCES:

David Lessard-Gauvin

 

FOR THE APPELLANT

Self-represented

Ludovic Sirois

 

FOR THE RESPONDENT

 

SOLICITORS OF RECORD:

William F. Pentney

Deputy Attorney General of Canada

FOR THE RESPONDENT

 

 

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