Federal Court of Appeal Cour d'appel fédérale Federal Court of Appeal Cour d'appel fédérale Date: May 17, 2011 Docket: A-230-10 Citation: 2011 FCA 170 CORAM: BLAIS C.J. SHARLOW J.A. LAYDEN-STEVENSON J.A. BETWEEN: ISABELLE ARCAND Appellant and ABIWIN CO-OPERATIVE INC. Respondent Heard at Ottawa, Ontario , on May 17, 2011. Judgment delivered from the Bench at Ottawa, Ontario , on May 17, 2011. REASONS FOR JUDGMENT OF THE COURT BY: LAYDEN-STEVENSON J.A. Date: May 17, 2011 Docket: A-230-10 Citation: 2011 FCA 170 CORAM: BLAIS C.J. SHARLOW J.A. LAYDEN-STEVENSON J.A. BETWEEN: ISABELLE ARCAND Appellant and ABIWIN CO-OPERATIVE INC. Respondent

REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa , Ontario, on May 17, 2011) LAYDEN-STEVENSON J.A. [ 1 ] This is an appeal from the judgment of Justice OKeefe of the Federal Court ( 2010 FC 529 ) dismissing the appellants application under

section 14 of the Personal Information Protection and Electronic Documents Act , S.C. 2000, c. 5. [ 2 ] Despite the able and articulate submissions of Ms. Arcand, we are of the view that the appeal must be dismissed. The judge identified the correct legal principles and applied them to interpret the parties settlement agreement in the context of the underlying facts. It is not the function of an appellate court to determine the weight to be assigned to the evidence. Although Justice OKeefe did not accept the appellants evidence, he did not ignore it.

We see no error of law or principle, or any palpable or overriding error of fact in the judges analysis. There is nothing that warrants our intervention. [ 3 ] Consequently, the appeal will be dismissed. Carolyn Layden-Stevenson J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-230-10 STYLE OF CAUSE: ARCAND v ABIWIN CO-OPERATIVE INC. PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: May 17, 2011 REASONS FOR JUDGMENT OF THE COURT BY: BLAIS C.J., SHARLOW and LAYDEN-STEVENSON JJ.A. DELIVERED FROM THE BENCH BY: LAYDEN-STEVENSON J.A.

APPEARANCES : Self-Represented FOR THE APPELLANT Marc Charron Lisanne McCullough FOR THE RESPONDENT SOLICITORS OF RECORD : FOR THE APPELLANT Gowling Lafleur Henderson LLP Ottawa , Ontario FOR THE RESPONDENT