Date: 19981027
Docket: A-901-96
CORAM: THE CHIEF JUSTICE
LINDEN J.A.
SEXTON J.A.
BETWEEN:
PREM MALHOTRA
Appellant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
THE CHIEF JUSTICE
[1] The appellant appeals against an order made by the Associate Chief Justice dismissing the appellant's appeal from an order made by the Associate Senior Prothonotary on
16 August, 1996.
[2] For his part, the Associate Senior Prothonotary had granted the respondent's motion, struck out the plaintiff's statement of claim and dismissed her action on the basis that, on his reading of the statement of claim, the plaintiff was seeking a retrial of the matters previously the subject of the proceedings terminated by the refusal of the Supreme Court of Canada to entertain an application for leave.
[3] In dismissing the appellant's appeal from the order made by the Associate Senior Prothonotary, the Associate Chief Justice stated (Appeal Book, page 91):
| As indicated in oral reasons, the appellant did not attack the validity of the reasons of Giles A.S.P. who not only made no reviewable error, but in my view, reached the only reasonable conclusion. |
[4] In prosecuting her appeal, the appellant has filed a memorandum of fact and law in which, among other things, she attacks the order made by the Associate Chief Justice on the basis that he did not take into account all relevant considerations.
[5] We are all of the view that the order made by the Associate Chief Justice was discretionary and that the appellant has failed to demonstrate to our satisfaction that the Associate Chief Justice had not taken into account all relevant considerations in exercising his discretion to dismiss the respondent's motion. See Reza v. Canada [1994] 2 S.C.R. 394.
[6] We will, therefore, dismiss the appeal.
"Julius A. Isaac"
C.J.
I agree. "A.M. Linden"
J.A.
I agree. "J. Edgar Sexton"
J.A.
OTTAWA, ONTARIO
October 27, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-901-96
| STYLE OF CAUSE: PREM MALHOTRA |
- and -
| ATTORNEY GENERAL OF CANADA |
DATE OF HEARING: FRIDAY, OCTOBER 23, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: ISAAC C.J.
| DATED: TUESDAY, OCTOBER 27, 1998 |
APPEARANCES:
Ms. Prem Malhotra
For the Appellant
Mr. Christopher Parke
For the Respondent
SOLICITORS OF RECORD: Prem Malhotra
308 - 1455 Lawrence Ave. West
Toronto, Ontario
M6L 1B1
For the Appellant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF APPEAL
Date: 19981027
Docket: A-901-96
BETWEEN:
PREM MALHOTRA
Appellant
-and-
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
Date: 19981027
Docket: A-901-96
CORAM: THE CHIEF JUSTICE
LINDEN J.A.
SEXTON J.A.
BETWEEN:
PREM MALHOTRA
Appellant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
Heard at Toronto, Ontario, on Friday, October 23, 1998.
Judgment delivered at Ottawa, Ontario, on Tuesday, October 27, 1998.
REASONS FOR JUDGMENT BY: THE CHIEF JUSTICE
CONCURRED BY: LINDEN J.A.
SEXTON J.A.