Federal Court of Appeal Decisions

Decision Information

Decision Content

Date: 20160120


Docket: A-543-14

Citation: 2016 FCA 18

CORAM:

TRUDEL J.A.

DE MONTIGNY J.A.

GLEASON J.A.

 

 

BETWEEN:

RACHEL EXETER

Appellant

and

ATTORNEY GENERAL OF CANADA

(Deputy Head, Statistic Canada)

Respondent

Heard at Ottawa, Ontario, on January 20, 2016.

Judgment delivered from the Bench at Ottawa, Ontario, on January 20, 2016.

REASONS FOR JUDGMENT OF THE COURT BY:

TRUDEL J.A.

 

 


Date: 20160120


Docket: A-543-14

Citation: 2016 FCA 18

CORAM:

TRUDEL J.A.

DE MONTIGNY J.A.

GLEASON J.A.

 

 

BETWEEN:

RACHEL EXETER

Appellant

and

ATTORNEY GENERAL OF CANADA

(Deputy Head Statistic Canada)

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Ottawa, Ontario, on January 20, 2016).

TRUDEL J.A.

[1]               We are all of the view that the Motions Judge was right in not interfering with the Prothonotary’s Order. The Motions Judge’s Order was arrived at on a proper basis (2014 FC 1160). We agree that the Prothonotary properly exercised her discretion not to stay the proceeding. This question was not vital to the issue of the case.

[2]               As a result, we find no error in the Motions Judge’s Order justifying our intervention. More particularly, we are satisfied that the Motions Judge’s reasons were sufficient and dealt with all the issues raised by the appellant. Moreover, there is simply no basis for an allegation of bias in this case and it was improper to make such an allegation.

[3]               Consequently, the appeal will be dismissed with all-inclusive costs assessed at $5,000 payable forthwith. No further Notices of Appeal with respect to interlocutory matters in file T-943-12 shall be accepted for filing unless Ms. Exeter provides written confirmation that these costs have been paid.

"Johanne Trudel"

J.A.

 


FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD


Docket:

A-543-14

STYLE OF CAUSE:

RACHEL EXETER v. ATTORNEY GENERAL OF CANADA (DEPUTY HEAD, STATISTICS CANADA)

 

 

PLACE OF HEARING:

Ottawa, Ontario

 

DATE OF HEARING:

January 20, 2016

 

REASONS FOR JUDGMENT OF THE COURT BY:

TRUDEL J.A.

DE MONTIGNY J.A.

GLEASON J.A.

 

DELIVERED FROM THE BENCH BY:

TRUDEL J.A.

APPEARANCES:

Rachel Exeter

 

SELF-REPRESENTED

 

Léa Bou Karam

 

For The Respondent

ATTORNEY GENERAL OF CANADA (DEPUTY HEAD, STATISTICS CANADA)

 

SOLICITORS OF RECORD:

William F. Pentney

Deputy Attorney General of Canada

Ottawa, Ontario

For The Respondent

ATTORNEY GENERAL OF CANADA (DEPUTY HEAD, STATISTICS CANADA)

 

 

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