Date: 20040520
Docket: A-499-03
Citation: 2004 FCA 200
CORAM: ROTHSTEIN J.A.
BETWEEN:
SCOTT EDGELOW
Appellant
and
THE QUEEN IN RIGHT OF CANADA
Respondent
Heard at Calgary, Alberta, on May 18, 2004.
Judgment delivered at Calgary, Alberta, on May 20, 2004.
REASONS FOR JUDGMENT BY: NOËL J.A.
CONCURRED IN BY: ROTHSTEIN J.A.
EVANS J.A.
Date: 20040520
Docket: A-499-03
Citation: 2004 FCA 200
CORAM: ROTHSTEIN J.A.
BETWEEN:
SCOTT EDGELOW
Appellant
and
THE QUEEN IN RIGHT OF CANADA
Respondent
REASONS FOR JUDGMENT
NOËLJ.A..
[1] Mr. Edgelow appeals the decision of Blanchard J. who struck out his Statement of Claim on the ground that it did not disclose a reasonable cause of action.
[2] Blanchard J. rendered this decision exercising his discretion de novo in the course of an appeal from the earlier decision of Prothonotary Hargrave who had also concluded that Mr. Edgelow's Statement of Claim did not disclose a reasonable cause of action.
[3] Mr. Edgelow raised before us the same points and arguments as those which he raised in the earlier instances. Both Blanchard J. and the Prothonotary in the reasons that they gave dealt with these arguments and explained why the action could not be allowed to continue.
[4] I can detect no error in this regard. Mr. Edgelow obviously does not accept this result. However, I can do no better than reiterate the reasons already given.
[5] I would dismiss the appeal with costs
"Marc Noël"
J. A.
"I agree
Marshall Rothstein J.A."
"I agree
Marc Noël J.A."
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-499-03
STYLE OF CAUSE: Scott Edgelow v. The Queen
In Right of Canada
PLACE OF HEARING: Calgary, Alberta
DATE OF HEARING: May 18, 2004
REASONS FOR JUDGMENT BY: NOËL J.A.
CONCURRED IN BY: ROTHSTEIN J.A.
NOËL J.A.
APPEARANCES:
|
Mr. Scott Edgelow |
FOR THE APPELLANT (Acting on His Own Behalf) |
|
Ms. Camille Audain |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
|
Mr. Scott Edgelow Calgary, Alberta |
FOR THE APPELLANT (Acting on His Own Behalf) |
|
Morris A. Rosenberg |
FOR THE RESPONDENT |
Deputy Attorney General of Canada