Date: 20110308
Docket: A-273-10
Citation: 2011 FCA 87
CORAM: NOËL J.A.
PELLETIER J.A.
TRUDEL J.A.
BETWEEN:
LITTLE
RED RIVER CREE
NATION #447
Appellants
and
JOHN
M. LABOUCAN
Respondent
Heard at Edmonton,
Alberta, on March
8, 2011
Judgment delivered from the Bench at Edmonton, Alberta, on March 8, 2011
REASONS FOR JUDGMENT OF THE COURT BY: NOËL
J.A.
Date:
20110308
Docket:
A-273-10
Citation:
2011 FCA 87
CORAM: NOËL J.A.
PELLETIER
J.A.
TRUDEL
J.A.
BETWEEN:
LITTLE RED RIVER CREE NATION
#447
Appellants
and
JOHN M.
LABOUCAN
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Edmonton, Alberta, on March
8, 2011)
NOËL J.A.
[1]
We
see no basis for interfering with the decision of Justice Gauthier. The only
basis for the appeal is a novel constitutional argument that was not put before
her and with respect to which the respondent did not have the opportunity to
file evidence. As such, it cannot be raised on appeal.
[2]
The
respondent claims that an increased award of costs in order. We agree. The
argument was doomed to fail and should not have been pursued.
[3]
The
appeal will be dismissed with costs to be assessed at the high end of Column V
of
Tariff B.
“Marc
Noël”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-273-10
(APPEAL FROM A JUDGMENT OF THE HONOURABLE
MADAM JUSTICE JOHANNE GAUTHIER DATED JULY 2, 2010, DOCKET NO. T-2003-09)
STYLE OF CAUSE: LITTLE
RED RIVER CREE NATION #447 v.
JOHN M. LABOURCAN
PLACE OF HEARING: Edmonton,
Alberta
DATE OF HEARING: March 8, 2011
REASONS FOR JUDGMENT OF THE COURT BY: (NOËL, PELLETIER & TRUDEL JJ.A.)
DELIVERED FROM THE BENCH BY: NOËL J.A.
APPEARANCES:
|
Priscilla Kennedy
|
FOR THE APPELLANTS
|
|
Janet
Hutchison
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Davis LLP
Edmonton, Alberta
|
FOR THE
APPELLANTS
|
|
Chamberlain,
Hutchinson
Edmonton, Alberta
|
FOR THE
RESPONDENT
|
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