Date: 20040128
Docket: A-348-03
Citation: 2004 FCA 44
CORAM: STRAYER J.A.
SEXTON J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA on behalf of the
CANADIAN FOOD INSPECTION AGENCY
Applicant
and
HOWARD WALKER
Respondent
Heard at Toronto, Ontario, on January 28, 2004.
Judgment delivered from the Bench at Toronto, Ontario, on January 28, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A.
Date: 20040128
Docket: A-348-03
Citation: 2004 FCA 44
CORAM: STRAYER J.A.
SEXTON J.A.
EVANS J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA on behalf of the
CANADIAN FOOD INSPECTION AGENCY
Applicant
and
HOWARD WALKER
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on January 28, 2004)
[1] This is an application for judicial review of a decision by the Review Tribunal. The Tribunal held that the Canadian Food Inspection Agency, the applicant in these proceedings, had not proved that Howard Walker had violated subsection 176(2) of the Health of Animals Regulations, SOR/91-525, by removing, or causing the removal of, a cow from his farm when the animal was not wearing an approved ear tag.
[2] We are all of the opinion that the application should be dismissed. The Tribunal's decision was factual in nature and there was sufficient evidence before it to enable the Tribunal to reach the conclusion that it did. We are not persuaded that the Tribunal's decision was based on a misinterpretation of subsection 176(2), as counsel for the applicant alleged.
[3] For these reasons, the application will be dismissed with costs.
"John M. Evans"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET : A-348-03
STYLE OF CAUSE : THE ATTORNEY GENERAL OF CANADA on behalf of the CANADIAN FOOD INSPECTION AGENCY
Applicant
and
HOWARD WALKER
Respondent
PLACE OF HEARING : TORONTO, ONTARIO
DATE OF HEARING : JANUARY 28, 2004
REASONS FOR JUDGMENT
OF THE COURT : (STRAYER, SEXTON, EVANS JJ.A.)
DELIVERED FROM THE
BENCH BY: EVANS J.A.
APPEARANCES :
Ms. Sogie Sabeta FOR THE APPLICANT
Mr. Douglas Lewis
Mr. Patrick Lassaline FOR THE RESPONDENT
SOLICITORS OF RECORD :
Morris Rosenberg
Deputy Attorney General of Canada
Toronto, Ontario FOR THE APPLICANT
Lewis, Downey, Tornosky and Lassaline
Orillia, Ontario FOR THE RESPONDENT