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Study Guide: The Federal Court of Appeal of Canada: Structure, Jurisdiction, and History

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The Federal Court of Appeal of Canada: Structure, Jurisdiction, and History Study Guide

Historical Foundations and Legislative Basis

The Federal Court of Appeal was created as a separate entity in 2003.

Answer: True

Explanation: The Federal Court of Appeal was established as a distinct court on July 2, 2003, pursuant to the Courts Administration Service Act. This legislative action separated the appellate functions from the former Federal Court of Canada.

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Parliament's authority to establish federal courts stems from Section 101 of the Constitution Act, 1867.

Answer: True

Explanation: Section 101 of the Constitution Act, 1867, explicitly empowers the Parliament of Canada to constitute courts inferior to the Supreme Court of Canada, thereby providing the constitutional foundation for federal courts such as the Federal Court of Appeal.

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The Federal Court of Canada, created in 1971, initially had only one division.

Answer: False

Explanation: The Federal Court of Canada, established in 1971, was initially constituted with two divisions: the Trial Division and the Appeal Division.

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The Exchequer Court of Canada was replaced by the Appeal Division of the Federal Court.

Answer: False

Explanation: The Exchequer Court of Canada was succeeded by the Trial Division of the Federal Court of Canada upon its establishment in 1971. The Appeal Division was a separate component of the new Federal Court.

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The Federal Court of Appeal inherited the trial functions when the Federal Court was split.

Answer: False

Explanation: When the Federal Court of Canada was split into two separate courts in 2003, the Federal Court of Appeal inherited the appellate functions, while the new Federal Court assumed the trial functions.

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The Courts Administration Service Act was responsible for creating the Federal Court of Appeal as a distinct entity.

Answer: True

Explanation: The Courts Administration Service Act, enacted in 2003, formally established the Federal Court of Appeal as a separate court, distinct from the Federal Court.

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The Federal Court of Appeal succeeded the Appeal Division of the Federal Court of Canada.

Answer: True

Explanation: Upon the legislative separation of the Federal Court into two distinct entities in 2003, the Federal Court of Appeal assumed the appellate responsibilities previously held by the Appeal Division of the Federal Court of Canada.

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When was the Federal Court of Appeal officially established as a separate court?

Answer: 2003

Explanation: The Federal Court of Appeal was established as a distinct court on July 2, 2003, through the Courts Administration Service Act, which separated its appellate functions from the Federal Court.

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Which of the following legal acts authorizes the existence and operation of the Federal Court of Appeal?

Answer: The Constitution Act, 1867, and the Federal Courts Act

Explanation: The Federal Court of Appeal's existence and jurisdiction are founded upon constitutional authority derived from Section 101 of the Constitution Act, 1867, and further defined by the Federal Courts Act and the Courts Administration Service Act.

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Section 101 of which Act empowers the Parliament of Canada to establish federal courts?

Answer: Constitution Act, 1867

Explanation: Section 101 of the Constitution Act, 1867, grants Parliament the authority to establish courts inferior to the Supreme Court of Canada.

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The Federal Court of Canada, established in 1971, originally comprised which two divisions?

Answer: Trial Division and Appeal Division

Explanation: Upon its creation in 1971, the Federal Court of Canada was structured into two divisions: the Trial Division and the Appeal Division.

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Which court did the Trial Division of the Federal Court of Canada replace?

Answer: The Exchequer Court of Canada

Explanation: The Trial Division of the Federal Court of Canada, established in 1971, assumed the functions and jurisdiction previously exercised by the Exchequer Court of Canada.

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The Federal Court of Appeal inherited which functions when the Federal Court was split?

Answer: Appellate functions

Explanation: Upon the legislative division of the Federal Court of Canada in 2003, the Federal Court of Appeal was constituted to handle the appellate jurisdiction, while the new Federal Court assumed the trial functions.

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Appellate Jurisdiction and Procedures

The Federal Court of Appeal is Canada's highest court for matters involving federal law.

Answer: False

Explanation: The Supreme Court of Canada serves as the ultimate judicial authority for all legal matters in Canada, including those involving federal law. The Federal Court of Appeal's primary role is to hear appeals from decisions rendered by the Federal Court and the Tax Court of Canada.

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The Federal Court of Appeal operates under the authority of the Criminal Code of Canada.

Answer: False

Explanation: The Federal Court of Appeal's operations and jurisdiction are primarily governed by the Constitution Act, 1867, the Federal Courts Act, and the Courts Administration Service Act, not the Criminal Code of Canada.

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The primary function of the Federal Court of Appeal is to hear cases concerning federal matters within Canada.

Answer: True

Explanation: The principal mandate of the Federal Court of Appeal is to adjudicate appeals arising from decisions made by the Federal Court and the Tax Court of Canada, thereby addressing matters of federal law.

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The Federal Court of Appeal exclusively hears appeals from the Federal Court.

Answer: False

Explanation: In addition to hearing appeals from the Federal Court, the Federal Court of Appeal also adjudicates appeals from decisions of the Tax Court of Canada.

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The Federal Court of Appeal hears appeals from decisions made by the Provincial Courts of Appeal.

Answer: False

Explanation: The Federal Court of Appeal's jurisdiction does not extend to hearing appeals from provincial courts of appeal. Its appellate mandate is limited to appeals from the Federal Court and the Tax Court of Canada.

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What is the primary role of the Federal Court of Appeal?

Answer: To hear appeals from decisions of the Federal Court and the Tax Court of Canada.

Explanation: The Federal Court of Appeal's principal function is to hear and determine appeals from judgments rendered by the Federal Court and the Tax Court of Canada.

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Appeals from the Federal Court of Appeal are ultimately heard by which court?

Answer: The Supreme Court of Canada

Explanation: Appeals from decisions of the Federal Court of Appeal may be further appealed to the Supreme Court of Canada, which serves as the final court of appeal in the Canadian judicial system.

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Besides the Federal Court, from which other court does the Federal Court of Appeal hear appeals?

Answer: The Tax Court of Canada

Explanation: The Federal Court of Appeal hears appeals not only from the Federal Court but also from decisions rendered by the Tax Court of Canada.

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Original Jurisdiction and Judicial Review

The Federal Court of Appeal does not possess any original jurisdiction.

Answer: False

Explanation: The Federal Court of Appeal does possess original jurisdiction, notably in applications for judicial review of decisions made by federal boards, commissions, and tribunals, as well as certain specific statutory appeals.

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The Canadian Radio-television and Telecommunications Commission (CRTC) is one of the tribunals whose decisions can be judicially reviewed by the Federal Court of Appeal.

Answer: True

Explanation: Under section 28 of the Federal Courts Act, the Federal Court of Appeal exercises jurisdiction to review decisions of numerous federal tribunals, including the Canadian Radio-television and Telecommunications Commission (CRTC).

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The Federal Court of Appeal exercises original jurisdiction over applications for judicial review.

Answer: True

Explanation: The Federal Court of Appeal possesses original jurisdiction concerning applications for judicial review of decisions made by federal boards, commissions, and tribunals, as stipulated by section 28 of the Federal Courts Act.

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The Federal Court of Appeal has original jurisdiction over the Canada Industrial Relations Board.

Answer: True

Explanation: The Federal Court of Appeal exercises original jurisdiction for judicial review of decisions made by federal boards, commissions, and tribunals, which includes the Canada Industrial Relations Board.

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What type of original jurisdiction does the Federal Court of Appeal exercise?

Answer: Judicial review of federal tribunals and certain specific appeals.

Explanation: The Federal Court of Appeal exercises original jurisdiction primarily through applications for judicial review of decisions made by federal boards, commissions, and tribunals, as well as specific statutory appeals.

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Which of the following is NOT listed as a federal tribunal subject to judicial review by the Federal Court of Appeal under section 28 of the Federal Courts Act?

Answer: Provincial Human Rights Commissions

Explanation: The Federal Court of Appeal's judicial review jurisdiction under section 28 of the Federal Courts Act pertains to federal tribunals. Provincial Human Rights Commissions are provincial bodies, and their decisions are typically subject to provincial superior court review.

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Court Organization and Administration

The Federal Court of Appeal is headquartered in Toronto, Ontario.

Answer: False

Explanation: The Federal Court of Appeal is constitutionally and administratively based in Ottawa, Ontario, serving as its primary seat of justice.

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The Federal Court of Appeal has a total of 20 judicial positions.

Answer: False

Explanation: The Federal Court of Appeal is authorized to have a total of 18 judicial positions, comprising one Chief Justice and seventeen puisne judges.

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Judges' salaries for the Federal Court of Appeal are set by the Prime Minister.

Answer: False

Explanation: Judges' salaries are determined annually by the Judicial Compensation and Benefits Commission, not directly set by the Prime Minister.

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The notation (S) next to a judge's name signifies they are the Chief Justice.

Answer: False

Explanation: The notation (S) next to a judge's name indicates that the judge is a supernumerary judge, signifying a reduced caseload while retaining their judicial status, not that they are the Chief Justice.

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Where is the Federal Court of Appeal primarily located?

Answer: Ottawa, Ontario

Explanation: The Federal Court of Appeal maintains its principal seat and headquarters in Ottawa, Ontario.

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How many judicial positions are designated for the Federal Court of Appeal?

Answer: 18

Explanation: The Federal Court of Appeal is authorized to have a total of 18 judicial positions, consisting of one Chief Justice and seventeen puisne judges.

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What does the notation (S) next to a judge's name in the navbox signify?

Answer: Supernumerary Judge

Explanation: The notation (S) adjacent to a judge's name indicates that the individual holds the status of a supernumerary judge, signifying a reduced judicial workload while retaining their position.

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Judicial Appointments and Profiles

Yves de Montigny is the current Chief Justice of the Federal Court of Appeal, appointed in 2021.

Answer: False

Explanation: While Yves de Montigny is the current Chief Justice, his appointment to that specific role occurred in 2023. He was initially appointed as a puisne judge of the Federal Court of Appeal in 2015.

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Richard Boivin was appointed to the Federal Court of Appeal after serving on the Tax Court of Canada.

Answer: False

Explanation: Richard Boivin was appointed to the Federal Court of Appeal after previously serving as a judge on the Federal Court, not the Tax Court of Canada.

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David W. Stratas was appointed to the Federal Court of Appeal in 2009.

Answer: True

Explanation: David W. Stratas was appointed to the Federal Court of Appeal in 2009 by Prime Minister Stephen Harper.

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Mary J. L. Gleason previously served as a judge on the Tax Court of Canada before joining the Federal Court of Appeal.

Answer: False

Explanation: Mary J. L. Gleason served on the Federal Court prior to her appointment to the Federal Court of Appeal in 2015.

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Judith Woods was appointed to the Federal Court of Appeal under Prime Minister Justin Trudeau.

Answer: True

Explanation: Judith Woods was appointed to the Federal Court of Appeal in 2016, during the tenure of Prime Minister Justin Trudeau.

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John B. Laskin's background before his 2017 appointment involved being a partner at a major law firm.

Answer: True

Explanation: Prior to his appointment to the Federal Court of Appeal in 2017, John B. Laskin was a partner at Torys LLP, a prominent law firm.

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Anne Mactavish served on the Federal Court before her appointment to the Federal Court of Appeal in 2019.

Answer: True

Explanation: Anne Mactavish's prior judicial experience included service on the Federal Court before her appointment to the Federal Court of Appeal in 2019.

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René Leblanc previously served on the Tax Court of Canada before his appointment to the Federal Court of Appeal.

Answer: False

Explanation: René Leblanc served on the Federal Court prior to his appointment to the Federal Court of Appeal in 2020.

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Siobhan Monaghan was appointed to the Federal Court of Appeal in 2021, having previously served on the Federal Court.

Answer: False

Explanation: Siobhan Monaghan was appointed to the Federal Court of Appeal in 2021, having previously served on the Tax Court of Canada.

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Sylvie Roussel was appointed to the Federal Court of Appeal in 2022 after practicing law privately.

Answer: False

Explanation: Sylvie Roussel was appointed to the Federal Court of Appeal in 2022 after previously serving as a judge on the Federal Court.

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Nathalie Goyette was appointed to the Federal Court of Appeal in 2022, having previously been a partner at Davies.

Answer: True

Explanation: Nathalie Goyette was appointed to the Federal Court of Appeal in 2022. Prior to her appointment, she was a partner at the law firm Davies.

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Gerald Heckman was appointed to the Federal Court of Appeal in 2023 after serving as a judge on the Federal Court.

Answer: False

Explanation: Gerald Heckman was appointed to the Federal Court of Appeal in 2023. Prior to this, he held a position as a Professor at the University of Manitoba, not as a judge on the Federal Court.

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Monica Biringer was appointed to the Federal Court of Appeal in 2023, previously serving on the Federal Court.

Answer: False

Explanation: Monica Biringer was appointed to the Federal Court of Appeal in 2023, having previously served as a judge on the Tax Court of Canada.

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Elizabeth Walker was appointed to the Federal Court of Appeal in 2024, having previously served on the Tax Court of Canada.

Answer: False

Explanation: Elizabeth Walker was appointed to the Federal Court of Appeal in 2024, having previously served on the Federal Court.

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Vanessa Rochester was appointed to the Federal Court of Appeal in 2024, previously serving on the Federal Court.

Answer: True

Explanation: Vanessa Rochester was appointed to the Federal Court of Appeal in 2024, having previously served on the Federal Court.

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Panagiotis Pamel was appointed to the Federal Court of Appeal in 2024 after serving on the Tax Court of Canada.

Answer: False

Explanation: Panagiotis Pamel was appointed to the Federal Court of Appeal in 2024, having previously served on the Federal Court.

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Wyman W. Webb was appointed to the Federal Court of Appeal in 2012, having previously served on the Federal Court.

Answer: False

Explanation: Wyman W. Webb was appointed to the Federal Court of Appeal in 2012, having previously served on the Tax Court of Canada.

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Yves De Montigny was first appointed to the Federal Court of Appeal under Prime Minister Justin Trudeau.

Answer: False

Explanation: Yves De Montigny was initially appointed as a puisne judge of the Federal Court of Appeal in 2015 under Prime Minister Stephen Harper. He later became Chief Justice in 2023 under Prime Minister Justin Trudeau.

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Who is the current Chief Justice of the Federal Court of Appeal as of the source information?

Answer: Yves de Montigny

Explanation: Yves de Montigny currently holds the position of Chief Justice of the Federal Court of Appeal. He assumed this role in 2023.

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Who appointed Justice Richard Boivin to the Federal Court of Appeal, and what was his prior judicial role?

Answer: Stephen Harper; Federal Court

Explanation: Richard Boivin was appointed to the Federal Court of Appeal in 2011 by Prime Minister Stephen Harper, having previously served as a judge on the Federal Court.

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Before joining the Federal Court of Appeal in 2009, David W. Stratas held what position?

Answer: Partner at Heenan Blaikie LLP

Explanation: Prior to his appointment to the Federal Court of Appeal in 2009, David W. Stratas was a partner at the law firm Heenan Blaikie LLP.

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Which Prime Minister appointed Wyman W. Webb to the Federal Court of Appeal in 2012?

Answer: Stephen Harper

Explanation: Wyman W. Webb was appointed to the Federal Court of Appeal in 2012 by Prime Minister Stephen Harper.

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What was Mary J. L. Gleason's previous judicial affiliation before her appointment to the Federal Court of Appeal in 2015?

Answer: Federal Court

Explanation: Before her appointment to the Federal Court of Appeal in 2015, Mary J. L. Gleason served as a judge on the Federal Court.

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Judith Woods, appointed in 2016, previously served on which court?

Answer: Tax Court of Canada

Explanation: Prior to her appointment to the Federal Court of Appeal in 2016, Judith Woods served as a judge on the Tax Court of Canada.

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John B. Laskin was appointed to the Federal Court of Appeal in 2017. What was his professional background?

Answer: Partner at Torys LLP

Explanation: Before his appointment to the Federal Court of Appeal in 2017, John B. Laskin practiced as a partner at Torys LLP.

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Who appointed George R. Locke to the Federal Court of Appeal, and what was his prior judicial experience?

Answer: Justin Trudeau; Federal Court

Explanation: George R. Locke was appointed to the Federal Court of Appeal in 2019 by Prime Minister Justin Trudeau. He previously served on the Federal Court.

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Anne Mactavish's prior experience before her 2019 appointment to the Federal Court of Appeal included service on which court?

Answer: Federal Court

Explanation: Before her appointment to the Federal Court of Appeal in 2019, Anne Mactavish had served as a judge on the Federal Court.

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René Leblanc was appointed to the Federal Court of Appeal in 2020. What was his previous judicial office?

Answer: Federal Court

Explanation: René Leblanc served on the Federal Court prior to his appointment to the Federal Court of Appeal in 2020.

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Siobhan Monaghan, appointed in 2021, previously served on which court?

Answer: Tax Court of Canada

Explanation: Siobhan Monaghan was appointed to the Federal Court of Appeal in 2021, having previously served as a judge on the Tax Court of Canada.

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Sylvie Roussel was appointed to the Federal Court of Appeal in 2022. What was her prior judicial role?

Answer: Judge on the Federal Court

Explanation: Prior to her appointment to the Federal Court of Appeal in 2022, Sylvie Roussel served as a judge on the Federal Court.

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Nathalie Goyette was appointed in 2022. What was her professional background prior to this appointment?

Answer: Partner at Davies

Explanation: Before her appointment to the Federal Court of Appeal in 2022, Nathalie Goyette was a partner at the law firm Davies.

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Gerald Heckman was appointed to the Federal Court of Appeal in 2023. What was his role before this appointment?

Answer: Professor at the University of Manitoba

Explanation: Prior to his appointment to the Federal Court of Appeal in 2023, Gerald Heckman held a professorial position at the University of Manitoba.

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Monica Biringer, appointed in 2023, previously held a judicial position on which court?

Answer: Tax Court of Canada

Explanation: Monica Biringer was appointed to the Federal Court of Appeal in 2023, having previously served as a judge on the Tax Court of Canada.

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Who appointed Elizabeth Walker to the Federal Court of Appeal in 2024?

Answer: Justin Trudeau

Explanation: Elizabeth Walker was appointed to the Federal Court of Appeal in 2024 by Prime Minister Justin Trudeau.

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What was Panagiotis Pamel's prior judicial role before his 2024 appointment?

Answer: Judge on the Federal Court

Explanation: Before his appointment to the Federal Court of Appeal in 2024, Panagiotis Pamel served as a judge on the Federal Court.

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