Date: 20050603
Docket: A-577-04
Citation: 2005 FCA 210
CORAM: DESJARDINS, J.A.
DÉCARY, J.A.
PELLETIER, J.A.
BETWEEN:
ROBERT LAVIGNE
Appellant
(Plaintiff)
and
THE OFFICE OF THE COMMISSIONER
OF OFFICIAL LANGUAGES
Respondent
(Defendant)
and
HER MAJESTY THE QUEEN
Respondent
(Defendant)
and
HUMAN RESOURCES DEVELOPMENT
(FORMERLY HEALTH AND WELFARE CANADA)
Respondent
(Defendant)
Heard at Montréal, Quebec, on May 30, 2005.
Judgment delivered at Montréal, Quebec, on June 3, 2005.
REASONS FOR JUDGMENT BY: DESJARDINS, J.A.
CONCURRED IN BY: DÉCARY, J.A.
PELLETIER, J.A.
Date: 20050603
Docket: A-577-04
Citation: 2005 FCA 210
CORAM: DESJARDINS, J.A.
DÉCARY, J.A.
PELLETIER, J.A.
BETWEEN:
ROBERT LAVIGNE
Appellant
(Plaintiff)
and
THE OFFICE OF THE COMMISSIONER
OF OFFICIAL LANGUAGES
Respondent
(Defendant)
and
HER MAJESTY THE QUEEN
Respondent
(Defendant)
and
HUMAN RESOURCES DEVELOPMENT
(FORMERLY HEALTH AND WELFARE CANADA)
Respondent
(Defendant)
REASONS FOR JUDGMENT
DESJARDINS, J.A.
[1] This is an appeal of an order of the Federal Court (Blais, J.) which dismissed the appellant's appeal of a decision of Prothonotary Richard Morneau striking out his amended statement of claim with no right to amend, pursuant to paragraph 221(1)(f) of the Federal Courts Rules, SOR/2004-283 (the Rules) with respect to Her Majesty the Queen and Human Resources Development, and pursuant to paragraphs 221(1)(a), (b) and (f) of the Rules with respect to the Commissioner of Official Languages.
[2] The standard of review applicable in appeal has been set in the following terms by the Supreme Court of Canada in Housen v. Nikolaisen [2002] 2 S.C.R. 235 at paragraph 1.
[1] A proposition that should be unnecessary to state is that a court of appeal should not interfere with a trial judge's reasons unless there is a palpable and overriding error. The same proposition is sometimes stated as prohibiting an appellate court from reviewing a trial judge's decision if there was some evidence upon which he or she could have relied to reach that conclusion.
(emphasis added)
[3] The Federal Court Judge made no palpable and overriding error which warrants the intervention of this Court. I would therefore dismiss this appeal with costs to Her Majesty the Queen only. The Commissioner of Official Languages is not seeking costs.
"Alice Desjardins"
J.A.
"I agree
Robert Décary, J.A."
"I agree
J.D. Denis Pelletier, J.A."
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-577-04
STYLE OF CAUSE:
ROBERT LAVIGNE
Appellant
(Plaintiff)
and
THE OFFICE OF THE COMMISSIONER OF OFFICIAL LANGUAGES
Respondent
(Defendant)
and
HER MAJESTY THE QUEEN
Respondent
(Defendant)
and
HUMAN RESOURCES DEVELOPMENT
(FORMERLY HEALTH AND WELFARE CANADA)
Respondent
(Defendant)
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: May 30, 2005
REASONS FOR JUDGMENT: DESJARDINS, J.A.
CONCURRED IN BY: DÉCARY, J.A.
PELLETIER, J.A.
DATED: June 3, 2005
APPEARANCES:
|
Robert Lavigne
On his own behalf
|
FOR THE APPELLANT
(PLAINTIFF)
|
|
Amélie Lavictoire
|
FOR THE RESPONDENT (DEFENDANT)
The Office of the Commissioner of Official Languages
|
Guy Lamb FOR THE RESPONDENT
(DEFENDANT) Her Majesty The Queen and
Human Resources Development
(Formerly Health and Welfare
Canada)
SOLICITORS OF RECORD:
|
John H. Sims, Q.C.
Deputy Attorney General of Canada
Montréal, Quebec
|
FOR THE RESPONDENT
(DEFENDANT)
Her Majesty the Queen and
Human Resources Development
(Formerly Health and Welfare Canada)
|
|
|
|
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