A-931-96
MONTRÉAL, QUEBEC, THE 18TH DAY OF SEPTEMBER, 1997
| CORAM: THE HONOURABLE MR. JUSTICE MARCEAU |
| THE HONOURABLE MR. JUSTICE MacGUIGAN |
| THE HONOURABLE MADAM JUSTICE DESJARDINS |
| BETWEEN: THE ATTORNEY GENERAL OF CANADA, |
Applicant
| AND: |
| JACQUES LAFLAMME, |
Respondent
J U D G M E N T
The application for judicial review is allowed; the decision of the umpire is set aside and the matter is returned to the chief umpire for reconsideration by him or an umpire he appoints, on the presumption that the decision of the Board of Referees adopting the determination of the Commission can only be upheld.
| Louis Marceau |
| J.A. |
Certified true translation
Christiane Delon
A-931-96
| CORAM: THE HONOURABLE MR. JUSTICE MARCEAU |
| THE HONOURABLE MR. JUSTICE MacGUIGAN |
| THE HONOURABLE MADAM JUSTICE DESJARDINS |
| BETWEEN: |
THE ATTORNEY GENERAL OF CANADA,
Applicant
- and -
JACQUES LAFLAMME,
Respondent
Hearing held in Montréal, Quebec, Thursday, September 18, 1997.
Judgment rendered at the hearing, Thursday, September 18, 1997.
REASONS FOR JUDGMENT OF THE COURT BY: MARCEAU, J.A.
A-931-96
| CORAM: THE HONOURABLE MR. JUSTICE MARCEAU |
| THE HONOURABLE MR. JUSTICE MacGUIGAN |
| THE HONOURABLE MADAM JUSTICE DESJARDINS |
| BETWEEN: |
THE ATTORNEY GENERAL OF CANADA,
Applicant
- and -
JACQUES LAFLAMME,
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Pronounced at the hearing in Montréal, Quebec,
Thursday, September 18, 1997)
MARCEAU, J.A.
The Court has just rendered judgment in another case1 in which the problem to be resolved was exactly the same as the one posed here. It is obvious that this application can only be considered as the other one was, and on the basis of the same reasons. It will therefore be allowed and the decision will be set aside.
| Louis Marceau |
| J.A. |
Certified true translation
Christiane Delon
| IN THE FEDERAL COURT OF APPEAL |
| A-931-96 |
| BETWEEN: |
| THE ATTORNEY GENERAL OF CANADA, |
| Applicant |
| - and - |
| JACQUES LAFLAMME, |
| Respondent |
| REASONS FOR JUDGMENT OF THE COURT |
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| FILE NO: A-931-96 |
| STYLE: Attorney General of Canada v. |
| Jacques Laflamme |
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: September 18, 1997 |
REASONS FOR JUDGMENT
| OF THE COURT: (Marceau, MacGuigan, Desjardins, JJ.C.A.) |
PRONOUNCED AT THE HEARING BY: Marceau, J.A.
APPEARANCES:
| Carole Bureau FOR THE APPLICANT |
| Jacques Laflamme FOR THE RESPONDENT |
SOLICITORS OF RECORD:
George Thomson
Deputy Attorney General of Canada
| Ottawa, Ontario FOR THE APPLICANT |
Jacques Laflamme
| Verchères, Quebec FOR THE RESPONDENT |
1 Attorney General of Canada v. Simone Girard, file no. A-6-97, dated September 18, 1997.