Federal Court of Appeal Decisions

Decision Information

Sauvé v. Canada

Court (s) Database Federal Court of Appeal Decisions
Date 2012-11-06
Neutral citation 2012 FCA 280
File numbers A-341-11

Decision Content

Federal Court of Appeal

 

Cour d'appel fédérale

Date: 20121106

Docket: A-341-11

Citation: 2012 FCA 280

 

CORAM:       NOËL J.A.

                        PELLETIER J.A.

                        MAINVILLE J.A.

 

BETWEEN:

GARY SAUVÉ

Appellant

and

HER MAJESTY THE QUEEN IN RIGHT OF CANADA,

RCMP COMMISSIONER GIULIANO ZACCARDELLI (as he then was),

RCMP COMMISSIONER BEVERLEY BUSSON (as she then was),

RCMP COMMISSIONER WILLIAM J.S. ELLIOTT (as he is now),

RCMP JACQUES LEMIEUX and OTHER RCMP OFFICERS (not known at this time)

 

Respondents

 

 

 

Heard at Ottawa, Ontario, on November 6, 2012.

Judgment delivered from the Bench at Ottawa, Ontario, on November 6, 2012.

 

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

 

Federal Court of Appeal

Cour d'appel fédérale

Date: 20121106

Docket: A-341-11

Citation: 2012 FCA 280

 

CORAM:       NOËL J.A.

                        PELLETIER J.A.

                        MAINVILLE J.A.

 

BETWEEN:

GARY SAUVÉ

Appellant

and

HER MAJESTY THE QUEEN IN RIGHT OF CANADA,

RCMP COMMISSIONER GIULIANO ZACCARDELLI (as he then was),

RCMP COMMISSIONER BEVERLEY BUSSON (as she then was),

RCMP COMMISSIONER WILLIAM J.S. ELLIOTT (as he is now),

RCMP JACQUES LEMIEUX and OTHER RCMP OFFICERS (not known at this time)

 

Respondents

 

 

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Ottawa, Ontario, on November 6, 2012)

NOËL J.A.

[1]               After considering the appellant’s submissions, we are unable to find any reason for interfering with the Federal Court judge’s exercise of discretion in striking the statement of claim without leave to amend.

 

[2]               The appeal will be dismissed with costs to be assessed by the Assessment Officer.

 

 

“Marc Noël”

J.A.

FEDERAL COURT OF APPEAL

 

NAMES OF COUNSEL AND SOLICITORS OF RECORD

 

DOCKET:                                                                             A-341-11

 

APPEAL FROM AN ORDER OF THE HONOURABLE JUSTICE CRAMPTON OF THE FEDERAL COURT DATED SEPTEMBER 16, 2011, DOCKET NO. T-1-10 (2011 FC 1074).

 

STYLE OF CAUSE:                                                            Gary Sauvé and Her Majesty the Queen in Right of Canada, RCMP Commissioner Giuliano Zaccardelli (as he then was), RCMP Commissioner Beverley Busson (as he then was), RCMP Commissioner William J.S. Elliott (as he is now), RCMP Jacques Lemieux and Other RCMP Officers (not known at this time)

 

PLACE OF HEARING:                                                      Ottawa, Ontario

 

DATE OF HEARING:                                                        November 6, 2012

 

 

REASONS FOR JUDGMENT OF THE COURT BY:   Noël, Pelletier, Mainville JJ.A.

 

DELIVERED FROM THE BENCH BY:                         Noël J.A.

 

APPEARANCES:

 

Gary Sauvé

FOR THE APPELLANT

(on his own behalf)

 

Abigail Martinez

Agnieszka Zagorska

 

FOR THE RESPONDENTS

 

 

SOLICITORS OF RECORD:

 

N/A

FOR THE APPELLANT

(on his own behalf)

 

Myles J. Kirvan

Deputy Attorney General of Canada

FOR THE RESPONDENTS

 

 

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