Docket:
A-531-12
Citation: 2013
FCA 239
CORAM:
NOËL J.A.
GAUTHIER J.A.
WEBB J.A.
|
|
|
BETWEEN:
|
|
Vlasta STUBICAR
|
|
Appellant
|
|
and
|
|
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
|
|
Respondent
|
Heard at Ottawa, Ontario, on October 8, 2013.
Judgment delivered from the Bench at Ottawa, Ontario, on October 8,
2013.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL
J.A.
Docket:
A-531-12
Citation:
2013 FCA 239
CORAM:
NOËL
J.A.
GAUTHIER
J.A.
WEBB
J.A.
|
|
|
BETWEEN:
|
|
Vlasta STUBICAR
|
|
Appellant
|
|
and
|
|
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
|
|
Respondent
|
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the
Bench at Ottawa, Ontario, on October 8, 2013.)
NOËL J.A.
[1]
This is an appeal from a judgment of Gagné J. of
the Federal Court (the Federal Court judge) granting a motion for summary
judgment under section 213 of the Federal Courts Rules, SOR/98-106, and
dismissing Ms Vlasta Stubicar’s (the appellant) action, on the ground that it
is statute-barred pursuant to section 106 of the Customs Act, R.S.C.
1985, c. 1 (2nd Supp.) and that it otherwise raises no genuine issue
for trial.
[2]
The appellant is obviously troubled by nefarious
scenarios which are based on speculation. The reason why she wishes to be
authorized to pursue her action is the hope that she may be able to extract
from the other side evidence validating her scenarios. It goes without saying
that an action that is based on speculation should not be allowed to proceed.
[3]
Considering the allegations set out in the Amended
Statement of Claim, the evidence and the appellant’s arguments, we can detect
no reviewable error in the decision of the Federal Court judge to bring this
matter to an end. In our view, granting summary judgment was appropriate in
this case.
[4]
The appeal will be dismissed with costs.
“Marc Noël”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Docket:
A-531-12
APPEAL FROM A JUDGMENT OF HONOURABLE
MADAM JUSTICE GAGNÉ OF THE FEDERAL COURT OF CANADA DATED NOVEMBER 29, 2012,
DOCKET NO.
T-2102-10.
|
DOCKET:
|
A-531-12
|
|
STYLE OF CAUSE:
|
Vlasta
STUBICAR v. HER MAJESTY THE QUEEN IN RIGHT OF CANADA
|
PLACE OF HEARING:
Ottawa, Ontario
DATE OF HEARING:
October
8, 2013
REASONS FOR JUDGMENT OF THE COURT BY:
NOËL J.A.
GAUTHIER J.A.
WEBB J.A.
DELIVERED
FROM THE BENCH BY:
NOËL
J.A.
APPEARANCES:
|
Vlasta Stubicar
|
For The Appellant
(on her own behalf)
|
|
Max Binnie
|
For The Respondent
|
SOLICITORS OF RECORD:
|
William F. Pentney
Deputy Attorney General of Canada
|
For The Respondent
|
Email this Content