BETWEEN:
LITTLE RED RIVER CREE NATION #447
and
Heard at Edmonton, Alberta, on March 8, 2011
Judgment delivered from the Bench at Edmonton, Alberta, on March 8, 2011
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20110308
Docket: A-273-10
Citation: 2011 FCA 87
CORAM: NOËL J.A.
PELLETIER J.A.
TRUDEL J.A.
BETWEEN:
LITTLE RED RIVER CREE NATION #447
Appellants
and
JOHN M. LABOUCAN
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Edmonton, Alberta, on March 8, 2011)
[1] We see no basis for interfering with the decision of Justice Gauthier. The only basis for the appeal is a novel constitutional argument that was not put before her and with respect to which the respondent did not have the opportunity to file evidence. As such, it cannot be raised on appeal.
[2] The respondent claims that an increased award of costs in order. We agree. The argument was doomed to fail and should not have been pursued.
[3]
The
appeal will be dismissed with costs to be assessed at the high end of Column V
of
Tariff B.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-273-10
(APPEAL FROM A JUDGMENT OF THE HONOURABLE MADAM JUSTICE JOHANNE GAUTHIER DATED JULY 2, 2010, DOCKET NO. T-2003-09)
STYLE OF CAUSE: LITTLE RED RIVER CREE NATION #447 v.
JOHN M. LABOURCAN
PLACE OF HEARING: Edmonton, Alberta
DATE OF HEARING: March 8, 2011
REASONS FOR JUDGMENT OF THE COURT BY: (NOËL, PELLETIER & TRUDEL JJ.A.)
DELIVERED FROM THE BENCH BY: NOËL J.A.
APPEARANCES:
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FOR THE APPELLANTS
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Edmonton, Alberta
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FOR THE APPELLANTS
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Edmonton, Alberta |
FOR THE RESPONDENT
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