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Date: 20000628 Docket: A-356-99

CORAM:          ROBERTSON, J.A. McDONALD, J.A. SEXTON, J.A.

BETWEEN:

DRAGAN ZAGORAC

Appellant

-and­HER MAJESTY THE QUEEN

Respondent

REASONS FOR JUDGMENT

Heard at Edmonton, Alberta, on Wednesday, June 28, 2000

Judgment delivered from the Bench at Edmonton, Alberta, on Wednesday, June 28, 2000

REASONS OF THE COURT BY:                                                                           ROBERTSON J.A.

Date: 20000628 Docket: A-356-99

CORAM:          ROBERTSON, J.A. McDONALD, J.A. SEXTON, J.A.

BETWEEN:

DRAGAN ZAGORAC

-and­HER MAJESTY THE QUEEN

Appellant

Respondent

REASONS FOR JUDGMENT

ROBERTSON, J.:

[1]           This is an appeal from a decision of a Motions Judge dismissing an action for delay. It is now common ground that the appellant's former counsel failed to draw relevant facts to the Motions Judge's attention and represented that certain undertakings remained outstanding when in fact they had been satisfied. In turn, the then counsel for the respondent failed to detect these misrepresentations on which the Motions Judge relied. In the circumstances, the respondent concedes that the appeal should be allowed. What the parties cannot agree on is the matter of costs. Fault being divided, there will be no order as to costs.

"J.T. Robertson"

J.A.

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

APPEAL FROM AN ORDER OF THE TRIAL DIVISION DATED MAY 25, 1997, TRIAL DIVISION FILE NO. T-673-96

DOCKET:                                                                    A-356-99

STYLE OF CAUSE:

DRAGAN ZAGORAC -and­HER MAJESTY THE QUEEN

PLACE OF HEARING:                                                Edmonton, Alberta

DATE OF HEARING:                                                  June 28, 2000

REASONS FOR JUDGMENT BY:                              Robertson J.A.

DATED:                                                                        June 28, 2000 APPEARANCES:

Ms. Shelley L. Miller                                                                    FOR THE APPELLANT

Mr. Kenneth A. Manning                                                             FOR THE RESPONDENT

SOLICITORS OF RECORD: Ms. Shelley L. Miller Cruickshank Karvellas

3400 Manulife Place 10180 - 101 Street Edmonton, Alberta T5J 4W9 FOR THE APPELLANT

Mr. Morris A. Rosenberg

Deputy Attorney General of Canada Department of Justice

211 Bank of Montreal Bldg. 10199 - 101 Street

Edmonton, Alberta T5J 3Y4                                                        FOR THE RESPONDENT

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