Date: 20021113
Docket: A-738-01
Neutral citation: 2002 FCA 445
CORAM: STONE J.A.
SHARLOW J.A.
PELLETIER J.A.
BETWEEN:
THE ESTATE OF CARL EDWARD MILLER
Appellant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Heard at Ottawa, Ontario, November 13, 2002
Judgment delivered from the Bench at Ottawa, Ontario, November 13, 2002.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Date: 20021113
Docket: A-738-01
Neutral citation: 2002 FCA 445
CORAM: STONE J.A.
SHARLOW J.A.
PELLETIER J.A.
BETWEEN:
THE ESTATE OF CARL EDWARD MILLER
Appellant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario
on November 13, 2002)
SHARLOW J.A.
[1] Having carefully considered the able submission of counsel for the appellant, we agree with the conclusion of Associate Chief Judge Bowman that the order of the Ontario District Court dated November 7, 1989 did not restrict the power of the executors of the estate of Mr. Miller to elect the boards of directors of the companies. For that reason, this appeal will be dismissed. As the Crown has waived its claim to costs, no costs will be awarded.
"K. Sharlow"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-738-01
STYLE OF CAUSE: The Estate of Carl Edward Miller and
the Attorney General of Canada
PLACE OF HEARING:
DATE OF HEARING: November 13, 2002
REASONS FOR JUDGMENT OF THE COURT: (Stone, Sharlow, Pelletier J.J.A.)
RENDERED FROM THE BENCH BY: The Honourable Justice Sharlow
APPEARANCES BY:
Mr. Keith Trussler For the Appellant
Mr. Ernest Wheeler For the Respondent
Ms. Gabrielle St-Hilaire
SOLICITORS OF RECORD
Giffen & Partners
Barristers, Solicitors and Notaries Public For the Appellant
London, Ontario
Morris Rosenberg For the Respondent
Deputy Attorney General of Canada
Ottawa, Ontario
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