Date:20001114
Docket:A-224-99
CORAM: THE CHIEF JUSTICE
DÉCARY J.A.
NOËL J.A.
BETWEEN:
LOUISE MARTIN, ANDRE MARTIN and MICHEL MARTIN,
minor by their Litigation Guardian, LOUISE MARTIN
Appellants
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA,
BY HER MINISTER OF EMPLOYMENT AND IMMIGRATION
Respondent
Heard at Toronto, Ontario, Tuesday, November 14, 2000
Judgment delivered from the Bench at Toronto, Ontario,
on Tuesday, November 14, 2000
| REASONS FOR JUDGMENT OF THE COURT PRONOUNCED BY: NOËL J.A. |
Date: 20001114
Docket: A-224-99
CORAM: THE CHIEF JUSTICE
DÉCARY J.A.
NOËL J.A.
BETWEEN:
LOUISE MARTIN, ANDRE MARTIN and MICHEL MARTIN,
minor, by their Litigation Guardian, LOUISE MARTIN
Appellants
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA,
BY HER MINISTER OF EMPLOYMENT AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Tuesday, November 14, 2000)
NOËL J.A.
| _. This is an appeal from a decision of Gibson J. holding that the respondent was not liable for the damages sustained by Ms. Martin as a result of the sexual assault committed against her by an individual who was, at the time, the subject of a deportation order issued pursuant to the Immigration Act (R.S.C. 1985, c. I-2 as amended).1 |
| _. The Trial Judge came to the conclusion that the respondent owed no private law duty to Ms. Martin because she did not belong to a class of people sufficiently narrow to create a relationship of proximity. He held in the alternative that if such a duty was owed to Ms. Martin, it had not been breached. |
| _. The appellants attack both findings. We need not pronounce ourselves on the first since we all agree that it was open to Gibson J. to hold that, in any event, no breach of duty was established on the evidence before him. The appellants having been unable to point to a manifest error on the part of the Trial Judge in reaching this conclusion, the appeal cannot succeed. |
| _. The appeal will therefore be dismissed with costs. |
"Marc Noël"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET:A-224-99
STYLE OF CAUSE:LOUISE MARTIN, ANDRE MARTIN and MICHEL MARTIN, minor by their Litigation Guardian, LOUISE MARTIN
Appellants
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA, BY HER MINISTER OF EMPLOYMENT AND IMMIGRATION
Respondent
DATE OF HEARING:TUESDAY, NOVEMBER 14, 2000
PLACE OF HEARING:TORONTO, ONTARIO
REASONS FOR JUDGMENT
PRONOUNCED BY:NOËL J.A.
Delivered at Toronto, Ontario on Tuesday, November 14, 2000
APPEARANCES:Ms. Lou Anne Farrell, and
Mr. David Waites
For the Appellants
Ms. Dale Yurka, and
Ms. Cheryl Kerr
For the Respondent
SOLICITORS OF RECORD:Lerner & Associates
Barristers & Solicitors
80 Dufferin Ave.
PO Box 2335, Stn. B
London, Ontario
N6A 4G4
For the Appellants
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF APPEAL
Date: 20001114
Docket: A-224-99
BETWEEN:
| LOUISE MARTIN, ANDRE MARTIN and MICHEL MARTIN, minor by their Litigation Guardian, LOUISE MARTIN |
Appellants
- and -
| HER MAJESTY THE QUEEN IN RIGHT OF CANADA, BY HER MINISTER OF EMPLOYMENT AND IMMIGRATION |
Respondent
__________________
1Reported: Martin v. Canada (Minister of Employment and Immigration) (1999), 161 F.T.R. 127.
Email this Content