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Federal Court of Appeal |
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Cour d’appel fédérale |
BETWEEN:
and
Hearing held at Ottawa, Ontario, on September 7, 2010.
Judgment delivered from the Bench at Ottawa, Ontario, on September 7, 2010.
REASONS FOR JUDGEMENT OF THE COURT BY: NOËL J.A.
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Cour d’appel fédérale |
Date: 20100907
Docket: A-423-09
Citation: 2010 FCA 222
CORAM: BLAIS C.J.
NOËL J.A.
TRUDEL J.A.
BETWEEN:
THU-CUC LAM
Appelant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on September 7, 2010)
[1] We are of the view that the judge of the Federal Court, having found that the adjudicator had failed to allow the parties to make submissions on the issue of the appropriate remedy, had to refer the case back to the adjudicator for redetermination.
[2] It is therefore appropriate to allow the appeal, to set aside the decision of the Federal Court and to order that the matter be referred back to the same adjudicator for redetermination of the issue of the appropriate remedy.
[3] The appellant is entitled to her costs before this Court and at trial.
Certified true translation
Michael Palles
FEDERAL COURT OF APPEAL
SOLLICITORS OF RECORD
DOCKET: A-423-09
(APPEAL FROM A JUDGEMENT OF THE HONOURABLE MR. JUSTICE MARTINEAU OF THE FEDERAL COURT DATED SEPTEMBER 16, 2009, DOCKET NO. T-1350-08.)
STYLE OF CAUSE: THU-CUC LAM and ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: September 7, 2010
REASONS FOR JUDGMENT OF THE COURT BY: BLAIS C.J., NOËL J.A., TRUDEL J.A.
DELIVERED FROM THE BENCH BY: NOËL J.A.
APPEARANCES:
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FOR THE APPELLANT
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Raven, Cameron, Ballantyne & Yazeck LLP/s.r.l. Ottawa, Ontario
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FOR THE APPELLANT
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Deputy Attorney General of Canada |
FOR THE RESPONDENT
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