Date: 19990426
Docket: A-215-97
CORAM: THE CHIEF JUSTICE
STONE J.A.
DESJARDINS J.A.
| IN THE MATTER of the Farm Improvement and Marketing Co-operative Loans Act, R.S.C. 1985, (3rd Supp.), c.25, as amended (the "FIMCLA") and the Farm Improvement and Marketing Co-operative Loans and Fees Regulations, SOR/88-51, as amended (the "FIMCLA Regulation") |
| AND IN THE MATTER of an Application by Bank of Montreal and Coopers & Lybrand Limited for judicial review against the Respondents |
| AND IN THE MATTER of the Federal Court Act, R.S.C. 1985, c. F-7, as amended |
BETWEEN:
BANK OF MONTREAL
Appellant
(Applicant)
- and -
THE MINISTER OF AGRICULTURE OF CANADA
and THE ATTORNEY GENERAL OF CANADA
Respondents
(Respondents)
HEARD at Toronto, Ontario, Monday, April 26, 1999.
JUDGMENT delivered at Toronto, Ontario, Monday, April 26, 1999.
REASONS FOR JUDGMENT BY: THE CHIEF JUSTICE
Date: 19990426
Docket: A-215-97
CORAM: THE CHIEF JUSTICE
STONE J.A.
DESJARDINS J.A.
| IN THE MATTER of the Farm Improvement and Marketing Co-operative Loans Act, R.S.C. 1985, (3rd Supp.), c.25, as amended (the "FIMCLA") and the Farm Improvement and Marketing Co-operative Loans and Fees Regulations, SOR/88-51, as amended (the "FIMCLA Regulation") |
| AND IN THE MATTER of an Application by Bank of Montreal and Coopers & Lybrand Limited for judicial review against the Respondents |
| AND IN THE MATTER of the Federal Court Act, R.S.C. 1985, c. F-7, as amended |
BETWEEN:
BANK OF MONTREAL
Appellant
(Applicant)
- and -
THE MINISTER OF AGRICULTURE OF CANADA
and THE ATTORNEY GENERAL OF CANADA
Respondents
(Respondents)
REASONS FOR JUDGMENT
(Delivered orally from the Bench at Toronto, Ontario
on Monday, April 26, 1999)
THE CHIEF JUSTICE:
[1] For the reasons given in Appeal file docket #A-216-97, a copy of which is attached herewith, this appeal should be disposed of in a similar manner and the parties are required to do all things and to take such steps in relation to this appeal as are required by those reasons within the time therein limited.
[2] In all other respects this appeal should be dismissed with costs to be assessed under Column III and be payable forthwith after assessment.
"Julius A. Isaac"
C.J.
TORONTO, ONTARIO
April 26, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-215-97
| STYLE OF CAUSE: BANK OF MONTREAL |
- and -
THE MINISTER OF AGRICULTURE OF CANADA and THE ATTORNEY GENERAL OF CANADA
DATE OF HEARING: MONDAY, APRIL 26, 1999
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: THE CHIEF JUSTICE
| DATED: MONDAY, APRIL 26, 1999 |
APPEARANCES: Mr. Andrew R. Brodkin
Mr. Benjamin Zarnett
For the Appellants
Mr. Jeffrey M. McEown
For the Respondent
SOLICITORS OF RECORD: Goodman Phillips & Vineberg
Barristers & Solicitors
Box 24, 2400-250 Yonge St.,
Toronto, Ontario
M5B 2M6
For the Appellant
Keel Cottrelle
Barristers & Solicitors
920-36 Toronto St.
Toronto, Ontario
M5C 2C5
For the Respondent
| FEDERAL COURT OF APPEAL |
| Date: 19990426 |
| Docket: A-215-97 |
| BETWEEN: |
| BANK OF MONTREAL |
| Appellant |
| (Applicant) |
| -and- |
| THE MINISTER OF AGRICULTURE OF CANADA and |
| THE ATTORNEY GENERAL OF CANADA, |
| Respondents |
| (Respondents) |
| REASONS FOR JUDGMENT |