Date: 20020911
Docket: A-333-01
Neutral Citation: 2002 FCA 319
CORAM: DESJARDINS J.A.
BETWEEN:
YVON GIROUX
Appellant
and
HER MAJESTY IN RIGHT OF CANADA
Respondent
Hearing held at Montréal, Quebec, on September 11, 2002.
Judgment delivered at Montréal, Quebec, on September 11, 2002.
REASONS FOR JUDGMENT OF THE COURT: NOËL J.A.
Date: 20020911
Docket: A-333-01
Neutral Citation: 2002 FCA 319
CORAM: DESJARDINS J.A.
BETWEEN:
YVON GIROUX
Appellant
and
HER MAJESTY IN RIGHT OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec,
on September 11, 2002)
[1] Despite your valiant efforts, Mr. Giroux, we are unable to allow your appeal.
[2] With respect to the first competition, we cannot find any error in the reasons of Justice Blais warranting intervention. With respect to the second competition, there is a huge difference between misinformation and a false statement, and we are of the view that the first judge did not make an error, manifest or otherwise, in finding at paragraph 93 of his reasons that you did not establish that false statements were made.
[3] Our own review of the evidence leads us to the conclusion that the faults you alleged in your action have not been established.
[4] The appeal will be dismissed with costs.
"Marc Noël"
J.A.
Certified true translation
Mary Jo Egan, LLB
FEDERAL COURT OF CANADA
APPEAL DIVISION
SOLICITORS OF RECORD
DOCKET: A-333-01
STYLE OF CAUSE:
YVON GIROUX
Appellant
and
HER MAJESTY IN RIGHT OF CANADA
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: September 11, 2002
REASONS FOR JUDGMENT OF THE COURT: THE HONOURABLE MR. JUSTICE NOËL J.A.
CONCURRED IN BY: THE HONOURABLE MADAM JUSTICE DESJARDINS J.A.
THE HONOURABLE MR. JUSTICE NADON J.A.
DATE OF REASONS: September 11, 2002
APPEARANCES:
Yvon Giroux
Saint-Hubert, Quebec FOR THE APPELLANT
Raymond Piché FOR THE RESPONDENT
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada
Montréal, Quebec FOR THE RESPONDENT
Date: 20020911
Docket: A-333-01
Montréal, Quebec, September 11, 2002
CORAM : DESJARDINS J.A.
NOËL J.A.
NADON J.A.
BETWEEN:
YVON GIROUX
Appellant
and
HER MAJESTY IN RIGHT OF CANADA
Respondent
JUDGMENT
The appeal is dismissed with costs.
"Alice Desjardins"
J.A.
Certified true translation
Mary Jo Egan, LLB
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20020911
Docket: A-333-01
Between:
YVON GIROUX
Appellant
and
HER MAJESTY IN RIGHT OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT