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Date: 20090310

Docket: A-370-08

Citation: 2009 FCA 77

 

CORAM:       SHARLOW J.A.

                        PELLETIER J.A.

                        LAYDEN-STEVENSON J.A.

 

BETWEEN:

ABOUSIOFIAN ABDELRAZIK

Appellant

and

MINISTER OF FOREIGN AFFAIRS

AND INTERNATIONAL TRADE

 

Respondent

 

 

 

Heard at Ottawa, Ontario, on March 10, 2009.

Judgment delivered from the Bench at Ottawa, Ontario, on March 10, 2009.

 

REASONS FOR JUDGMENT OF THE COURT BY:                                             SHARLOW J.A.

 


Date: 20090310

Docket: A-370-08

Citation: 2009 FCA 77

 

CORAM:       SHARLOW J.A.

                        PELLETIER J.A.

                        LAYDEN-STEVENSON J.A.

 

BETWEEN:

ABOUSOFIAN ABDELRAZIK

Appellant

and

MINISTER OF FOREIGN AFFAIRS

AND INTERNATIONAL TRADE

 

Respondent

 

 

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Ottawa, Ontario, on March 10, 2009)

SHARLOW J.A.

[1]               We have not been persuaded that the discretionary orders of Justice Mactavish were made on the basis of any improper principle. The appeal will be dismissed without costs. The cross-appeal will be dismissed with costs fixed in the amount of $2,500 (inclusive of disbursements). The judgment will be stayed for 30 days to give the respondent time to seek the exemptions required to permit the costs to be paid.

 

[2]               As to the suggestion that the order relating to the solicitor and client communications are too broadly worded, that is a matter that can be dealt with in case management.

 

 

“K. Sharlow”

J.A.

 

 


FEDERAL COURT OF APPEAL

 

NAMES OF COUNSEL AND SOLICITORS OF RECORD

 

 

 

DOCKET:                                                                              A-370-08

 

STYLE OF CAUSE:                                                              Abousiofian Abdelrazik v.

                                                                                                Minister of Foreign Affairs and International Trade

 

 

PLACE OF HEARING:                                                        Ottawa, Ontario

 

 

DATE OF HEARING:                                                          March 10, 2009

 

 

REASONS FOR JUDGMENT OF THE COURT BY:       (SHARLOW, PELLETIER, LAYDEN-STEVENSON J.J.A.)

 

DELIVERED FROM THE BENCH BY:                            SHARLOW J.A.

 

 

 

APPEARANCES:

 

Paul Champ

FOR THE APPELLANT

 

Anne M. Turley

Elizabeth Richards

FOR THE RESPONDENT

 

 

SOLICITORS OF RECORD:

 

Raven, Cameron, Ballantyne & Yazbeck

Ottawa, Ontario

FOR THE APPELLANT

 

 

John H. Sims, Q.C.

Deputy Attorney General of Canada

FOR THE RESPONDENT

 

 

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