Date: 20000628 Docket: A-356-99
CORAM: ROBERTSON, J.A. McDONALD, J.A. SEXTON, J.A.
BETWEEN:
DRAGAN ZAGORAC
Appellant
-andHER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT
Heard at Edmonton, Alberta, on Wednesday, June 28, 2000
Judgment delivered from the Bench at Edmonton, Alberta, on Wednesday, June 28, 2000
REASONS OF THE COURT BY: ROBERTSON J.A.
Date: 20000628 Docket: A-356-99
CORAM: ROBERTSON, J.A. McDONALD, J.A. SEXTON, J.A.
BETWEEN:
DRAGAN ZAGORAC
-andHER MAJESTY THE QUEEN
Appellant
Respondent
REASONS FOR JUDGMENT
ROBERTSON, J.:
[1] This is an appeal from a decision of a Motions Judge dismissing an action for delay. It is now common ground that the appellant's former counsel failed to draw relevant facts to the Motions Judge's attention and represented that certain undertakings remained outstanding when in fact they had been satisfied. In turn, the then counsel for the respondent failed to detect these misrepresentations on which the Motions Judge relied. In the circumstances, the respondent concedes that the appeal should be allowed. What the parties cannot agree on is the matter of costs. Fault being divided, there will be no order as to costs.
"J.T. Robertson"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
APPEAL FROM AN ORDER OF THE TRIAL DIVISION DATED MAY 25, 1997, TRIAL DIVISION FILE NO. T-673-96
DOCKET: A-356-99
STYLE OF CAUSE:
DRAGAN ZAGORAC -andHER MAJESTY THE QUEEN
PLACE OF HEARING: Edmonton, Alberta
DATE OF HEARING: June 28, 2000
REASONS FOR JUDGMENT BY: Robertson J.A.
DATED: June 28, 2000 APPEARANCES:
Ms. Shelley L. Miller FOR THE APPELLANT
Mr. Kenneth A. Manning FOR THE RESPONDENT
SOLICITORS OF RECORD: Ms. Shelley L. Miller Cruickshank Karvellas
3400 Manulife Place 10180 - 101 Street Edmonton, Alberta T5J 4W9 FOR THE APPELLANT
Mr. Morris A. Rosenberg
Deputy Attorney General of Canada Department of Justice
211 Bank of Montreal Bldg. 10199 - 101 Street
Edmonton, Alberta T5J 3Y4 FOR THE RESPONDENT
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