Date: 20060118
Docket: A-222-03
Citation: 2006 FCA 21
CORAM: ROTHSTEIN J.A.
BETWEEN:
FRANÇOIS ALAIN MOUSSA
Appellant
and
THE PUBLIC SERVICE COMMISSION
THE IMMIGRATION AND REFUGEE BOARD
Respondents
Heard at Vancouver, British Columbia, on January 18, 2006.
Judgment delivered from the Bench at Vancouver, British Columbia, on January 18, 2006.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Date: 20060118
Dockets: A-222-03
Citation: 2006 FCA 21
CORAM: ROTHSTEIN J.A.
BETWEEN:
FRANÇOIS ALAIN MOUSSA
Appellant
and
THE PUBLIC SERVICE COMMISSION
THE IMMIGRATION AND REFUGEE BOARD
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia, on January 18, 2006)
[1] We are unable to find any error in the decision of the Federal Court judge, or the decision of Mr. Hargrave that was before the judge on the appeal under Rule 51. For that reason, this appeal must be dismissed.
[2] Counsel for the appellant explained that the appellant, in attempting to introduce as evidence the three letters that were before Mr. Hargrave, was trying to ensure that the record before the Court in his judicial review application contained evidence of certain events that occurred during the investigation that are not reflected in the documentary record. We are unable to construe the material before Mr. Hargrave as meeting that description. It remains open to Mr. Moussa to make a new motion in the Federal Court for leave to submit a supplementary affidavit in proper form that meets that description, without the three letters that Mr. Hargrave already considered.
[3] This appeal will be dismissed with costs.
(Sgd.) "Karen R. Sharlow"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-222-03
STYLE OF CAUSE: Francois Alain Moussa v. The Public Service Commission
and The Immigration and Refugee
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: January 18, 2006
REASONS FOR JUDGMENT: ROTHSTEIN, SHARLOW, MALONE JJ.A
DATED: January 18, 2006
APPEARANCES:
Ms. Dorothy-Jean O'Donnell |
FOR THE APPELLANT
|
Ms. Keitha J. Elvin-Jensen |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
Ash O'Donnell Hibbert Langley, British Columbia |
FOR THE APPELLANT
|
John H. Sims, Q.C. Deputy Attorney General of Canada Vancouver, British Columbia |
FOR THE RESPONDENT |