St-Denis v. Canadian Chicken Marketing Agency, (1985) 62 N.R. 79 (FCA)

• Judge: Heald, Hugessen and Stone, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: October 22, 1985
• Jurisdiction: Canada (Federal)
• Citations: (1985), 62 N.R. 79 (FCA)

St-Denis v. Chicken Marketing Agency (1985), 62 N.R. 79 (FCA)

MLB headnote and full text

St-Denis v. Canadian Chicken Marketing Agency

(A-562-85)

Indexed As: St-Denis v. Canadian Chicken Marketing Agency

Federal Court of Appeal

Heald, Hugessen and Stone, JJ.

October 22, 1985.

Summary:

St-Denis applied for review of a refusal by the Canadian Chicken Marketing Agency to grant an increase in the quota allotted to St-Denis by the Ontario Chicken Producers' Marketing Board. The Canadian Chicken Marketing Agency applied to quash the application by St-Denis. The Federal Court of Appeal allowed the application and quashed the s. 28 application.

Courts - Topic 4095

Federal Court of Appeal, jurisdiction - Federal boards exercising federal powers - The Federal Court of Appeal stated that the Canadian Chicken Marketing Agency lacked the power to fix or allot a chicken marketing quota to a producer - Accordingly, the court held that any decision by the agency, respecting an application by a producer for an increased quota, did not constitute the exercise of a federal power by a federal board as required for purposes of an appeal to the Federal Court of Appeal.

Courts - Topic 4085

Federal Court of Appeal - Jurisdiction - What constitutes a "decision" - The Federal Court of Appeal stated that a refusal to make a recommendation is not a "decision" for purposes of s. 28 of the Federal Court Act (see paragraph 10).

Cases Noticed:

Lingley v. New Brunswick Board of Review, [1976] 1 F.C. 98; 13 N.R. 22 [para. 10].

Statutes Noticed:

Federal Court Act, R.S.C. 1970, 2nd Supp., c. 10, sect. 2 [para. 2]; sect. 28 [para. 10].

Farm Products Marketing Agencies Act, S.C. 1970-71-72, c. 65, sect. 17 [para. 3].

Counsel:

E. Binavince and R. Lunau, for the applicant;

Francois Lemieux and Michael Sullivan, for the respondent.

This appeal was heard by Heald, Hugessen and Stone, JJ., of Federal Court of Appeal at Ottawa, Ontario on October 22, 1985.

The decision of the Federal Court of Appeal was delivered from the bench by Hugessen, J., on October 22, 1985.