Docket: A-32-04
BETWEEN:
and
Heard at Fredericton, New Brunswick, on February 28, 2005.
Judgment delivered at Fredericton, NB, on February 28, 2005.
REASONS FOR JUDGMENT BY: DESJARDINS J.A.
CONCURRED IN BY: LÉTOURNEAU J.A.
PELLETIER J.A.
Docket: A-32-04
Citation: 2005 FCA 80
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A
PELLETIER J.A.
BETWEEN:
JACQUES DOUCET
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
(Delivered from the Bench at Fredericton, NB, on February 28, 2005)
DESJARDINS J.A.
[1] We find no reviewable error in the decision made by the Umpire.
[2] In essence, the Board of referees made a finding of credibility against the Applicant. We cannot say that the Umpire erred in refusing to intervene nor can we second-guess the decisions made by both the Board of referees and the Umpire.
[3] This application will be dismissed with costs.
"Alice Desjardins"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
STYLE OF CAUSE: Jacques Doucet and AGC
PLACE OF HEARING: Fredericton, New Brunswick
DATE OF HEARING: February 28, 2005
REASONS FOR JUDGMENT BY: A. Desjardins, JA
CONCURRED IN BY: G. Létourneau, JA
D. Pelletier, JA
APPEARANCES:
| Terrence Lenihan |
FOR THE APPLICANT
|
| Stacey Gerrard |
FOR THE RESPONDENT
|
| Byrne, Lenihan & Associates Bathurst, New Brunswick |
FOR THE APPLICANT
|
| John Simms, Deputy Attorney General for Canada Department of Justice Halifax, Nova Scotia |
FOR THE RESPONDENT
|