Federal Court of Appeal Decisions

Decision Information

Canada (Prime Minister) v. Alani

Court (s) Database Federal Court of Appeal Decisions
Date 2016-01-25
Neutral citation 2016 FCA 22
File numbers A-265-15
Notes

A correction was made on May 17th, 2017.

Decision Content

Date: 20160125

Docket: A-265-15

Citation: 2016 FCA 22

CORAM:

PELLETIER J.A.

DE MONTIGNY J.A.

GLEASON J.A.

 

BETWEEN:

THE PRIME MINISTER OF CANADA AND THE GOVERNOR GENERAL OF CANADA

Appellants

And

ANIZ ALANI

Respondent

Heard at Vancouver, British Columbia, on January 25, 2016.

Judgment delivered from the Bench at Vancouver, British Columbia, on January 25, 2016.

REASONS FOR JUDGMENT OF THE COURT BY:

PELLETIER J.A.

 

Date: 20160125

Docket: A-265-15

Citation: 2016 FCA 22

CORAM:

PELLETIER J.A.

DE MONTIGNY J.A.

GLEASON J.A.

 

BETWEEN:

THE PRIME MINISTER OF CANADA AND THE GOVERNOR GENERAL OF CANADA

Appellants

and

ANIZ ALANI

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Vancouver, British Columbia, on January 25, 2016).

PELLETIER J.A.

[1]               We have not been persuaded that the motions judge erred in concluding that it was not plain and obvious that Mr. Alani's application was bound to fail.

[2]               We further add that, notwithstanding the Supreme Court's decision in Hryniak v. Mauldin, 2014 SCC 7, [2014] 1 S.C.R. 87, it is preferable that the important and complex issues raised by the application, if they are to be decided, be decided on as complete a record as possible.

[3]               The appeal will be dismissed with costs fixed in the amount of $1,500 all inclusive.

"J.D. Denis Pelletier"

J.A.

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

Docket:

A-265-15

(APPEAL FROM AN ORDER OF THE HONOURABLE MR. JUSTICE HARRINGTON OF THE FEDERAL COURT, DATED MAY 21, 2015, DOCKET NO. T-2506-14)

STYLE OF CAUSE:

THE PRIME MINISTER OF CANADA AND THE GOVERNOR GENERAL OF CANADA v. ANIZ ALANI

 

PLACE OF HEARING:

Vancouver, British Columbia

DATE OF HEARING:

January 25, 2016

REASONS FOR JUDGMENT OF THE COURT BY:

PELLETIER J.A.

DE MONTIGNY J.A.

GLEASON J.A.

DELIVERED FROM THE BENCH BY:

PELLETIER J.A.

APPEARANCES:

Jan Brongers

Oliver Pulleyblank

For The Appellants

Aniz Alani

For The Respondent

SOLICITORS OF RECORD:

William F. Pentney

Deputy Attorney General of Canada

Ottawa, Ontario

For The Appellants

Self-Represented

Vancouver, British Columbia

For The Respondent

 

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