Date: 20130930
Docket: A-492-12
Citation: 2013 FCA 229
CORAM: NOËL J.A.
PELLETIER J.A.
TRUDEL J.A.
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BETWEEN: |
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SYLVAIN ROBERT |
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Appellant |
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and |
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ATTORNEY GENERAL OF CANADA |
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AND |
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MULTI OPTIONS NURSING INC. |
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Respondents |
Heard at Montréal, Quebec, on September 30, 2013.
Judgment delivered from the bench at Montréal, Quebec, on September 30, 2013.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20130930
Docket:
A-492-12
Citation: 2013 FCA 229
CORAM: NOËL J.A.
PELLETIER J.A.
TRUDEL J.A.
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BETWEEN: |
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SYLVAIN ROBERT |
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Appellant |
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and |
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ATTORNEY GENERAL OF CANADA |
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AND |
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MULTI OPTIONS NURSING INC. |
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Respondents |
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec, on September 30, 2013)
NOËL J.A.
[1] This is an appeal from a decision of the Federal Court in which Justice Pinard dismissed an application for judicial review filed by Dr. Sylvain Robert (the appellant) against a decision by Correctional Service Canada (CSC) to award to Multi Options Nursing Inc. (MON) a service contract for the provision of dental care to the inmates of the Laval Complex.
[2] Notwithstanding Mr. Racicot’s excellent arguments, we were unable to identify any error that would justify this Court’s intervention. We consider it useful to add that the appellant’s main argument appears to us to be based on an incorrect premise. Although the contract between MON and CSC could be read differently, the evidence unequivocally demonstrates that the agreement reached by the parties was that MON, as an employment agency, would make available to CSC the services of a qualified dentist.
[3] The appeal will be dismissed with costs.
“Marc Noël”
J.A.
Certified true translation
Erich Klein
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
Docket:
A-492-12
APPEAL FROM AN ORDER OF THE HONOURABLE JUSTICE PINARD DATED OCTOBER 26, 2012, DOCKET NO. T-1033-11
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STYLE OF CAUSE: |
SYLVAIN ROBERT v. ATTORNEY GENERAL OF CANADA AND MULTI OPTIONS NURSING INC. |
PLACE OF HEARING:
MONTRéAL, QUEBEC
DATE OF HEARING:
SEPTEMBER 30, 2013
REASONS FOR JUDGMENT OF THE COURT BY:
NOËL J.A.
PELLETIER J.A.
TRUDEL J.A.
DELIVERED FROM THE BENCH BY:
NOËL J.A.
APPEARANCES:
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Marc-Aurèle Racicot
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FOR THE APPELLANT |
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Marc Ribeiro
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FOR THE RESPONDENT ATTORNEY GENERAL OF CANADA
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Eric Orlup |
FOR THE RESPONDENT MULTI OPTIONS NURSING INC. |
SOLICITORS OF RECORD:
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Marc-Aurèle Racicot Laval, QC
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FOR THE APPELLANT
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William F. Pentney Deputy Attorney General of Canada
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FOR THE RESPONDENT ATTORNEY GENERAL OF CANADA
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BCF, LLP Québec, Quebec |
FOR THE RESPONDENT MULTI OPTIONS NURSING INC. |