Canada (Attorney General) v. Meredith, 2009 FCA 326

Date: 20091112

Docket: A-239-09

Citation: 2009 FCA 326

CORAM:       BLAIS C.J.

                        LAYDEN-STEVENSON J.A.

                        RYER J.A.

BETWEEN:

ATTORNEY GENERAL OF CANADA

Appellant

and

ROBERT MEREDITH AND BRIAN ROACH

(representing all members of the Royal Canadian Mounted Police)

Respondents

Heard at Ottawa, Ontario, on November 12, 2009.

Judgment delivered from the Bench at Ottawa, Ontario, on November 12, 2009.

REASONS FOR JUDGMENT OF THE COURT BY:                                                      BLAIS C.J.

Date: 20091112

Docket: A-239-09

Citation: 2009 FCA 326

CORAM:       BLAIS C.J.

                        LAYDEN-STEVENSON J.A.

                        RYER J.A.

BETWEEN:

ATTORNEY GENERAL OF CANADA

Appellant

and

ROBERT MEREDITH AND BRIAN ROACH

(representing all members of the Royal Canadian Mounted Police)

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Ottawa, Ontario, on November 12, 2009)

BLAIS C.J.

[1]               This is an appeal from the June 1, 2009 decision of Justice Lemieux of the Federal Court granting a motion to amend an application for judicial review.

[2]               This decision to amend is a discretionary one, and should only be overturned where the motion judge misdirected himself to the applicable law or made a palpable error in the assessment of facts.

[3]               We have not been persuaded by the appellant in the unique and specific circumstances of this matter that we should intervene.

[4]               The motion judge addressed the arguments raised by the appellant in the concluding portion of his endorsement.

[5]               This appeal will be dismissed with costs.

“Pierre Blais”

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                              A-239-09

Appeal from a decision of Justice Lemieux of the Federal Court, June 1, 2009 (T-50-09).

STYLE OF CAUSE:                                                              AGC v. Robert Meredith and

                                                                                                Brian Roach

PLACE OF HEARING:                                                        Ottawa, Ontario

DATE OF HEARING:                                                          November 12, 2009

REASONS FOR JUDGMENT OF THE COURT BY:       BLAIS C.J.

                                                                                                LAYDEN-STEVENSON J.A.

                                                                                                RYER J.A.

DELIVERED FROM THE BENCH BY:                            BLAIS C.J.

APPEARANCES:

SOLICITORS OF RECORD: