Côté v. Canada
T-1051-92
Noël J.
28/3/94
4 pp.
Practice-Application by respondent for preliminary decision on point of law and directions-According to originating motion under Official Languages Act, s. 77(1) applicant disputed and sought to have quashed linguistic designation of number of positions in Excise Bureau in Quebec region-Since 1992 positions abolished: respondent accordingly argued applicant's action had become purely academic and asked question be resolved on preliminary basis pursuant to Federal Court R. 474(1)(a)-Applicant did not dispute abolition of positions but argued sustained monetary loss and Act, s. 77(4) authorized Court to grant alternative compensation of monetary nature-Order having effect of quashing linguistic designation of positions which have been abolished in principle academic-S. 77(4) giving Federal Court, in addition to power of review, jurisdiction to grant compensation if considers federal institution has not observed Act, so far as just and fair to do so having regard to circumstances-Applicant's action did not become academic merely because positions abolished-Application dismissed-Official Languages Act, R.S.C., 1985 (4th Supp.), c. 31, s. 77(1),(4)-Federal Court Rules, C.R.C., c. 663, R. 474(1)(a).