Date: 20170925
Docket: A-273-16
Citation: 2017 FCA 198
| CORAM:
|
NADON J.A.
GAUTHIER J.A.
TRUDEL J.A.
|
| BETWEEN:
|
| HER MAJESTY THE QUEEN IN RIGHT OF CANADA
|
| LISE OUELLETTE
|
| RONALD JEAN-LÉGER
|
| DENIS BEAUSOLEIL
|
| VLADIMIR DESRIVEAUX
|
| STAN LOACH
|
| RCMP OFFICERS JANE AND JOHN DOE
|
| Appellants
|
| and
|
| ROBBIE DICKSON
|
| RAINBOW TOBACCO G.P.
|
| Respondents
|
Heard at Montréal, Quebec, on September 25, 2017.
Judgment delivered from the Bench at Montréal, Quebec, on September 25, 2017.
| REASONS FOR JUDGMENT OF THE COURT BY:
|
NADON J.A.
|
Date: 20170925
Docket: A-273-16
Citation: 2017 FCA 198
| CORAM:
|
NADON J.A.
GAUTHIER J.A.
TRUDEL J.A.
|
| BETWEEN:
|
| HER MAJESTY THE QUEEN IN RIGHT OF CANADA
|
| LISE OUELLETTE
|
| RONALD JEAN-LÉGER
|
| DENIS BEAUSOLEIL
|
| VLADIMIR DESRIVEAUX
|
| STAN LOACH
|
| RCMP OFFICERS JANE AND JOHN DOE
|
| Appellants
|
| and
|
| ROBBIE DICKSON
|
| RAINBOW TOBACCO G.P.
|
| Respondents
|
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montréal, Quebec, on September 25, 2017)
NADON J.A.
[1]
Notwithstanding Mr. Wilner’s excellent arguments, we have not been persuaded that we should interfere with the judgment of the Federal Court dated July 10, 2016 (per Roussel J., 2016 FC 836).
[2]
Although we are not prepared to totally endorse the Judge’s reasons, we are nonetheless satisfied, for the reasons given by the Judge, that the respondents’ action against the individual appellants is not bereft of any possibility of success. Whether or not the respondents can succeed on the merits against the individual appellants is obviously a different question which the trial judge will have to decide in the light of the record before him or her. In the context of the evidence that will be adduced at the trial, we recognize the possibility that the Judge could conclude that the Court is without jurisdiction as far as the individual appellants are concerned.
[3]
However, at this point in time, we are not convinced that the respondents’ case is not arguable.
[4]
Consequently, the appeal will be dismissed with costs.
"M Nadon"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| DOCKET:
|
A-273-16
|
|
|
| STYLE OF CAUSE:
|
HER MAJESTY THE QUEEN IN RIGHT OF CANADA, LISE OUELLETTE, RONALD JEAN-LÉGER, DENIS BEAUSOLEIL, VLADIMIR DESRIVEAUX, STAN LOACH, RCMP OFFICERS JANE AND JOHN DOE v. ROBBIE DICKSON, RAINBOW TOBACCO G.P.
|
|
|
| PLACE OF HEARING:
|
Montréal, Quebec
|
||
| DATE OF HEARING:
|
September 25, 2017
|
||
| REASONS FOR JUDGMENT OF THE COURT BY:
|
NADON J.A.
GAUTHIER J.A.
TRUDEL J.A.
|
||
| DELIVERED FROM THE BENCH BY:
|
NADON J.A.
|
||
APPEARANCES:
| Joshua Wilner
Éric Lafrenière
|
For The AppellantS
|
| Julian N. Falconer
Marc E. Gibson
|
For The Respondents
|
SOLICITORS OF RECORD:
| Nathalie G. Drouin
Deputy Attorney General of Canada
Ottawa, Ontario
|
For The AppellantS
|
| FALCONERS LLP
Toronto, Ontario
|
For The Respondents
|