Date: 20040921
Docket: A-565-03
Citation: 2004 FCA 309
CORAM: DÉCARY J.A.
BETWEEN:
PIERRE SAINE
Appellant
and
HER MAJESTY THE QUEEN
Respondent
Hearing held at Montréal, Quebec, on September 21, 2004.
Judgment delivered from the bench at Montréal, Quebec, on September 21, 2004.
REASONS FOR JUDGMENT OF THE COURT: NOËL J.A.
Date: 20040921
Docket: A-565-03
Citation: 2004 FCA 309
CORAM: DÉCARY J.A.
BETWEEN:
PIERRE SAINE
Appellant
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec, on September 21, 2004)
[1] We have not been persuaded that Dussault J. erred in any way in exercising his discretion.
[2] Even if we accept, without deciding, that the appellant was led to believe that the employee of the Canada Customs and Revenue Agency Agence could assist him, Dussault J. was entitled to find as he did based on the fact that seven months had elapsed before the appellant filed his application.
[3] The appeal shall be dismissed with costs.
"Marc Noël"
J.A.
Certified true translation
Kelley A. Harvey, BCL, LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-565-03
STYLE OF CAUSE: PIERRE SAINE
Appellant
and
HER MAJESTY THE QUEEN
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: September 21, 2004
REASONS FOR JUDGMENT OF THE COURT: (DÉCARY, NOËL,
PELLETIER JJ.A.)
DELIVERED FROM THE BENCH BY: NOËL J.A.
APPEARANCES:
|
Christopher Mostovac |
FOR THE APPELLANT |
|
Alain Gareau |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
|
Starnino Mostovac Montréal, Quebec |
FOR THE APPELLANT |
|
Morris Rosenberg Deputy Attorney General of Canada Montréal, Quebec
|
FOR THE RESPONDENT |