Date: 20121107
Docket: A-402-11
Citation: 2012 FCA 285
CORAM: NADON J.A.
GAUTHIER J.A.
TRUDEL J.A.
BETWEEN:
ROBERT TREMBLAY
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Heard at Montreal, Quebec, on November 7, 2012.
Judgment delivered from the bench at Montreal, Qu ebec, on November 7, 2012.
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
Date: 20121107
Docket: A-402-11
Citation: 2012 FCA 285
CORAM: NADON J.A.
GAUTHIER J.A.
TRUDEL J.A.
BETWEEN:
ROBERT TREMBLAY
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montreal, Qu ebec, on November 7, 2012)
NADON J.A.
[1] In this application for judicial review, the applicant is asking us to overturn the decision of Umpire Marin (CUB 75282A), in which he set aside a decision of the Board of Referees dated December 23, 2009.
[2] Having reviewed the applicant’s memorandum of fact and law (the applicant having decided not to appear at his judicial review hearing) and the respondent’s written and oral submissions, we are not persuaded that the Umpire committed an error warranting our intervention. Accordingly, the application for judicial review will be dismissed with costs.
[3] In concluding, we consider it important to note that it was not open to the Umpire to require of the claimant, as he did, that he provide a copy of the transcript of the proceedings before the Board of Referees.
“M. Nadon”
J.A.
Certified true translation,
Erich Klein
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-402-11
STYLE OF CAUSE: ROBERT TREMBLAY v. A.G.C.
PLACE OF HEARING: Montreal, Qu ebec
DATE OF HEARING: November 7, 2012
REASONS FOR JUDGMENT OF THE COURT BY: NADON, GAUTHIER and TRUDEL JJ.A.
DELIVERED FROM THE BENCH BY: NADON J.A.
APPEARANCES:
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FOR THE APPLICANT
|
|
Maguy Hachem Paul Deschênes |
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
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Masson Ste-Marie Avocats, s.e.n.c.r.l. Chicoutimi, Quebec
|
FOR THE APPLICANT
|
|
William F. Pentney Deputy Attorney General of Canada |
FOR THE RESPONDENT
|