Date:20000613
Docket:A-381-99
CORAM: DÉCARY, J.A.
SEXTON, J.A.
EVANS, J.A.
BETWEEN:
JAN HOY CASSELLS, LORRAINE CASSELLS, MARY LEE, and LORRAINE CASSELLS AS LITIGATION GUARDIAN FOR JACQUELINE WALLACE,
DALTON HUGH and CHEYENNE CASSELLS
Appellants
- and -
HER MAJESTY THE QUEEN
Respondent
Heard at Toronto, Ontario, Tuesday, June 13, 2000
Judgment delivered from the Bench at Toronto, Ontario
on Tuesday, June 13, 2000
| REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY, J.A. |
Date: 20000613
Docket: A-381-99
CORAM: DÉCARY, J.A.
SEXTON, J.A.
EVANS, J.A.
BETWEEN:
JAN HOY CASSELLS, LORRAINE CASSELLS, MARY LEE, and LORRAINE CASSELLS AS LITIGATION GUARDIAN FOR JACQUELINE WALLACE,
DALTON HUGH and CHEYENNE CASSELLS
Appellants
- and -
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario
on Tuesday, June 13, 2000)
DÉCARY J.A.
| _. Despite Mr. Barnwell"s able submission, we have not been persuaded that Mr. Justice Rouleau committed any reviewable error in the exercise of his discretion under Rule 401 when he assessed plaintiffs" costs on the unsuccessful motion to strike the statement of claim in the amount of $750.00. (The decision under appeal is reported at (1999), 170 F.T.R. 311). |
| _. The appeal will be dismissed with costs of $750.00 to be paid to the respondent. |
"Robert Décary"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| DOCKET: A-381-99 |
| STYLE OF CAUSE: JAN HOY CASSELLS, LORRAINE CASSELLS, MARY LEE, and LORRAINE CASSELLS AS LITIGATION GUARDIAN FOR JACQUELINE WALLACE, |
DALTON HUGH and CHEYENNE CASSELLS
- and -
HER MAJESTY THE QUEEN
DATE OF HEARING: TUESDAY, JUNE 13, 2000
PLACE OF HEARING: TORONTO, ONTARIO
| REASONS FOR JUDGMENT BY: DÉCARY J.A. |
Delivered at Toronto, Ontario on
Tuesday, June 13, 2000
APPEARANCES BY: Mr. Osborne G. Barnwell
| For the Appellants |
Mr. David Tyndale
| For the Respondent |
| SOLICITORS OF RECORD: Ferguson, Barnwell |
| Barristers & Solicitors |
| 515 Consumers Road, Suite 310 |
| North York, Ontario |
| M2J 4Z2 |
| For the Appellants |
| Morris Rosenberg |
| Deputy Attorney General of Canada |
| For the Respondent |
FEDERAL COURT OF APPEAL
Date: 20000613
Docket: A-381-99
BETWEEN:
| JAN HOY CASSELLS, LORRAINE CASSELLS, MARY LEE, and LORRAINE CASSELLS AS LITIGATION GUARDIAN FOR JACQUELINE WALLACE, DALTON HUGH and CHEYENNE CASSELLS |
Appellants
- and -
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT