Docket: A-450-00
OTTAWA, ONTARIO, THIS 28THDAY OF NOVEMBER 2000
CORAM: THE HONOURABLE MR. JUSTICE LINDEN THE HONOURABLE MR. JUSTICE EVANS THE HONOURABLE MADAM JUSTICE SHARLOW
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
as represented by THE MINISTER OF INDIAN AFFAIRS and NORTHERN DEVELOPMENT and THE DEPARTMENT OF INDIAN AFFAIRS and NORTHERN DEVELOPMENT
Appellant (Respondent)
-and
THE CORPORATION OF THE MUNICIPALITY OF CHATHAM-KENT
Respondent (Applicant)
JUDGMENT
The appeal is dismissed with costs.
Allan M. Linden
J.A.
Docket: A-448-00
OTTAWA, ONTARIO, THIS 28THDAY OF NOVEMBER 2000
CORAM: THE HONOURABLE MR. JUSTICE LINDEN THE HONOURABLE MR. JUSTICE EVANS THE HONOURABLE MADAM JUSTICE SHARLOW
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by THE MINISTER OF INDIAN AFFAIRS and NORTHERN DEVELOPMENT, THE DEPARTMENT OF INDIAN AFFAIRS and NORTHERN DEVELOPMENT
Appellant (Respondent)
-and
JACK RIGBY
Respondent (Applicant)
JUDGMENT
The appeal is dismissed with costs.
Allan M. Linden
J.A.
Date: 20001129
Docket: A-448-00
CORAM: LINDEN J.A. EVANS J.A. SHARLOW J.A.
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by THE MINISTER OF INDIAN AFFAIRS and NORTHERN DEVELOPMENT, and THE DEPARTMENT OF INDIAN AFFAIRS and NORTHERN DEVELOPMENT
-and
Appellant (Respondent)
JACK RIGBY
Respondent (Applicant)
Docket No.: A-450-00
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by THE MINISTER OF INDIAN AFFAIRS and NORTHERN DEVELOPMENT, and THE DEPARTMENT OF INDIAN AFFAIRS and NORTHERN DEVELOPMENT
Appellant (Respondent)
-and
CORPORATION OF THE MUNICIPALITY OF CHATHAM-KENT
Respondent (Applicant)
Page: 2
REASONS FOR JUDGMENT (delivered orally from the Bench at Ottawa, Ontario on Tuesday, November 28, 2000)
SHARLOW J.A.
[1] Despite the able submissions of counsel for the Appellants, we are not persuaded that the motions judge erred in refusing to grant the motions to strike these applications for judicial review. Like him, we are unable to conclude that the applicants' arguments are so bereft of any chance of success that they should not be heard.
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKETS:
STYLE OF CAUSE:
A-448-00 and A-450-00
HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by THE MINISTER OF INDIAN AFFAIRS and NORTHERN DEVELOPMENT and THE DEPARTMENT OF INDIAN AFFAIRS and NORTHERN DEVELOPMENT
PLACE OF HEARING: DATE OF HEARING: REASONS FOR JUDGMENT OF THE COURT:
Ottawa, Ontario
28 November, 2000
The Honourable Mr. Justice Linden, The Hionourable Mr. Justice Evans, The Honourable Madam Justice Sharlow
DELIVERED FROM THE BENCH BY: APPEARANCES:
SHARLOW J.A.
Ms. Charlotte Bell, Q.C. and Mr. Jonathan Batty
FOR THE APPELLANT (Respondent)
Mr. Alan W. Pope
FOR THE RESPONDENT (Applicant)
SOLICITORS OF RECORD:
Deputy Attorney General of Canada Toronto, Ontario
FOR THE APPELLANT (Respondent)
Alan W. Pope, Q.C. Timmins, Ontario
FOR THE RESPONDENT (Applicant)