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NOËL J.A. NADON J.A.
BETWEEN: AND and HUMAN RESOURCE CENTRES OF CANADA and ENTREPRISES KIEWIT LTÉE
Motion in writing decided without appearance of the parties. Order delivered at Ottawa, Ontario, on March 7, 2006.
REASONS FOR ORDER: NOËL J.A.
CONCURRED IN BY: DÉCARY J.A. NADON J.A.
Date: 20060307 Docket: A-625-05 Citation: 2006 FCA xx
CORAM: DÉCARY J.A. NOËL J.A. NADON J.A.
BETWEEN: SERGE MORIN Applicant AND ATTORNEY GENERAL OF CANADA and HUMAN RESOURCE CENTRES OF CANADA and ENTREPRISES KIEWIT LTÉE
Respondents
REASONS FOR ORDER [1] The Court has before it a motion for the preliminary dismissal of the application for judicial review on the grounds that it does not disclose any cause of action and that it is an abuse of process.
[2] In my opinion, the Court does not have jurisdiction to hear the application and it would therefore be appropriate to discontinue it at this preliminary stage. In fact, as the Umpire explains, the applicant did not appeal the initial decision by the Board of Referees. The Commission had appealed that decision, but the appeal has since been withdrawn, such that the Board of Referee's decision is final.
[3] As the application for judicial review is moot, it would be appropriate to discontinue it and, accordingly, it shall be dismissed.
"I concur. Robert Décary J.A."
"I concur. M. Nadon J.A."
Certified true translation
Kelley A. Harvey, BCL, LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-625-05
STYLE OF CAUSE: Serge Morin v. A.G.C. et al.
MOTION IN WRITING DECIDED WITHOUT APPEARANCE OF THE PARTIES
CONCURRED IN BY: DÉCARY J.A. NADON J.A.
DATE OF REASONS: March 7, 2006
SUBMISSIONS IN WRITING:
SOLICITORS OF RECORD:
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