Date: 20021009
Docket: A-365-02
Neutral citation: 2002 FCA 377
Present: THE HONOURABLE MR. JUSTICE NADON
BETWEEN:
HELMUT OBERLANDER
Appellant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Motion dealt with in writing without appearance of parties.
Order delivered at Ottawa, Ontario, on October 9, 2002.
REASONS FOR ORDER BY: NADON J.A.
Date: 20021009
Docket: A-365-02
Neutral citation: 2002 FCA 377
Present: THE HONOURABLE MR. JUSTICE NADON
BETWEEN:
HELMUT OBERLANDER
Appellant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR ORDER
[1] By its motion, the respondent seeks an order quashing the appellant's Notice of Appeal dated August 15, 2002.
[2] Since, in my view, the issue raised in the respondent's motion should not be decided without the benefit of oral argument, it is preferable to defer the matter to the panel hearing the appeal. Consequently, the respondent should raise and discuss the jurisdictional issue in its Memorandum, along with the other issues which arise from this appeal.
[3] The motion shall therefore be dismissed with costs in the cause.
"M. Nadon"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-365-02
STYLE OF CAUSE: Helmut Oberlander v. A.G.C.
MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER
AND ORDER BY: NADON J.A.
DATED: October 9, 2002
WRITTEN SUBMISSIONS BY:
BARBARA JACKMAN FOR THE APPELLANT
ERIC HAFEMANN
DONALD A. MacINTOSH FOR THE RESPONDENT
and JOHN LONCAR
SOLICITORS OF RECORD:
BARBARA JACKMAN FOR THE APPELLANT
Toronto, Ontario.
ERIC HAFEMANN
Waterloo, Ontario.
MORRIS ROSENBERG FOR THE RESPONDENT
Attorney General of Canada