Date: 20020917
Docket: A-587-01
Neutral citation: 2002 FCA 338
CORAM: ROTHSTEIN J.A.
BETWEEN:
HER MAJESTY THE QUEEN
Appellant (Defendant)
and
PETER DUPLESSIS
Respondent (Plaintiff)
Heard at Ottawa, Ontario, on September 17, 2002.
Judgment delivered from the Bench at Ottawa, Ontario, on September 17, 2002.
REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A.
Date: 20020917
Docket: A-587-01
Neutral citation: 2002 FCA 338
CORAM: ROTHSTEIN J.A.
BETWEEN:
HER MAJESTY THE QUEEN
Appellant (Defendant)
and
PETER DUPLESSIS
Respondent (Plaintiff)
REASONS FOR JUDGMENT
(Delivered from the Bench at Ottawa, Ontario, on September 17, 2002)
[1] The appellant has not satisfied us that Lemieux J. was clearly wrong in dismissing the motion to strike the Statement of Claim. Therefore, the appeal will be dismissed. The respondent will be entitled to costs of $5,000 inclusive of disbursements in any event of the cause.
"Marshall Rothstein"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-587-01
STYLE OF CAUSE: HER MAJESTY THE QUEEN v. PETER DUPLESSIS
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: September 17, 2002
REASONS FOR JUDGMENT OF THE COURT: (Rothstein, Nadon, Sharlow, JJA.)
RENDERED FROM THE BENCH BY: (Rothstein, J.A.)
APPEARANCES:
Mr. Michael Ciavaglia FOR THE APPELLANT
Mr. Michael Roach
Ms. Barbara A. McIsaac, Q.C. FOR THE RESPONDENT
SOLICITORS OF RECORD:
Mr. Morris Rosenberg FOR THE APPELLANT
Deputy Attorney General of Canada
Ottawa, Ontario
McCarthy Tétrault FOR THE RESPONDENT
Ottawa, Ontario