Date: 20020912
Docket: A-76-01
Neutral citation: 2002 FCA 324
CORAM: LINDEN J.A.
BETWEEN:
HER MAJESTY THE QUEEN
Appellant
- and -
EDWIN PEARSON
Respondent
Heard at Toronto, Ontario, on Wednesday, September 11, 2002.
Judgment delivered from the Bench at Toronto, Ontario, on Wednesday, September 11 , 2002.
REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A.
Date: 20020912
Docket: A-76-01
Neutral citation: 2002 FCA 324
CORAM: LINDEN J.A.
BETWEEN:
HER MAJESTY THE QUEEN
Appellant
- and -
EDWIN PEARSON
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto,
Ontario, on Wednesday, September 11, 2002)
LINDEN J.A.
[1] This appeal will be allowed. The order of Muldoon J. merely waived the obligation to pay various court fees. It did not impose any obligation upon the Crown as litigant to pay any costs incurred by Mr. Pearson during the course of the litigation. In imposing such an obligation on the Crown in relation to the costs listed in his order, the Motions Judge erred, misinterpreting the order and the later directions of Muldoon J.
[2] The order of the Motions Judge will be quashed.
[3] No costs.
"A. M. Linden"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-76-01
STYLE OF CAUSE: HER MAJESTY THE QUEEN
Appellant
- and -
EDWIN PEARSON
Respondent
DATE OF HEARING: WEDNESDAY, SEPTEMBER 11, 2002
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: LINDEN J.A.
DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON WEDNESDAY, SEPTEMBER 11, 2002.
DATED: THURSDAY, SEPTEMBER 12, 2002
APPEARANCES BY: Mr. Jacques Savary
For the Appellant
Mr. Edwin Pearson
For the Respondent, on his own behalf
SOLICITORS OF RECORD:Morris Rosenberg
Deputy Attorney General of Canada
For the Appellant
Edwin Pearson
1285 Ontario Street
Suite 1105
Burlington, Ontario
L7S 1X9
For the Respondent, on his own behalf
FEDERAL COURT OF APPEAL
Date: 20020912
Docket: A-76-01
BETWEEN:
HER MAJESTY THE QUEEN
Appellant
- and -
EDWIN PEARSON
Respondent
REASONS FOR JUDGMENT
OF THE COURT