Date: 20090511
Dockets: A-538-08
A-539-08
Citation: 2009 FCA 151
CORAM: NOËL J.A.
NADON
J.A.
PELLETIER J.A.
Docket: 538-08
BETWEEN:
STENNER
FINANCIAL SERVICES LTD.
Appellant
and
CIBC
WORLD MARKETS INC.
Respondent
Docket: 539-08
BETWEEN:
STENNER FINANCIAL
SERVICES LTD.
Appellant
and
THANE STENNER
Respondent
Heard at Vancouver,
British Columbia, on May 11,
2009.
Judgment delivered from the Bench at Vancouver, British Columbia, on May 11, 2009.
REASONS FOR JUDGMENT OF THE COURT BY: NADON
J.A.
Date:
20090511
Dockets: A-538-08
A-539-08
Citation:
2009 FCA 151
CORAM: NOËL
J.A.
NADON J.A.
PELLETIER
J.A.
Docket: 538-08
BETWEEN:
STENNER
FINANCIAL SERVICES LTD.
Appellant
and
CIBC WORLD
MARKETS INC.
Respondent
Docket: 539-08
BETWEEN:
STENNER FINANCIAL
SERVICES LTD.
Appellant
and
THANE STENNER
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Vancouver, British Columbia, on May, 11 2009)
NADON J.A.
[1]
These
Reasons dispose of the appeals in Court files A-538-08 and A-539-08 and will be
filed as Reasons for Judgment in each of these files.
[2]
We
are all agreed that the appeals must fail.
[3]
In
our view, the Prothonotary made no reviewable error in ordering the removal of
Tabs 15 and 16 from the Respondent’s Motion Record, i.e the Appellant’s Motion
Record in the proceedings in the Federal Court, and in determining that if the
appellant wanted answers to the questions posed by way of the written
examination questions served on June 27, 2008, it had to bring a motion to
compel answers to the questions posed within the deadline set out in his Order.
[4]
Rule
97 of the Federal Courts Rules which, by reason of Rule 100 applies to
written examinations, clearly provides that upon failure of a person to answer
proper questions, the Court may, inter alia, order that person to answer
any questions that were not answered.
[5]
Contrary
to the appellant’s submissions, it is our opinion that the Prothonotary was
correct in his view that the issue before him was a procedural issue which
ought to be resolved prior to the hearing of the application on its merits.
[6]
In
any event, the Prothonotary was correct in holding that the documents found at
Tabs 15 and 16 were not relevant to the determination of the merits of the
application.
[7]
We
also see no basis upon which we could disturb the Prothonotary’s award of
costs.
[8]
It
therefore follows that Hugessen J. did not err in refusing to interfere with
the Prothonotary’s Order.
[9]
For
these reasons, the appeals will be dismissed with costs.
“Marc
Nadon”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-538-08
STYLE OF CAUSE: STENNER
FINANCIAL SERVICES v. CIBC WORLD MARKETS
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: May 11, 2009
REASONS FOR JUDGMENT OF THE
COURT BY: NOËL, NADON, PELLETIER JJ.A.
DELIVERED FROM THE BENCH BY: NADON J.A.
APPEARANCES:
|
Murray
L. Smith
Smith
Barristers
|
FOR
THE APPELLANT
|
|
Bradley J. Freedman and Stephen T.C.
Warnett
Borden
Ladner Gervais LLP
|
FOR
THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
Murray
L. Smith
Smith
Barristers
|
FOR THE APPELLANT
|
|
Bradley J. Freedman and Stephen T.C.
Warnett
Borden
Ladner Gervais LLP
|
FOR THE RESPONDENT
|
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-539-08
STYLE OF CAUSE: STENNER
FINANCIAL SERVICES v. THANE STENNER
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: May
11, 2009
REASONS FOR JUDGMENT OF THE
COURT BY: NOËL,
NADON, PELLETIER JJ.A.
DELIVERED FROM THE BENCH BY: NADON
J.A.
APPEARANCES:
|
Murray L. Smith
Smith
Barristers
|
FOR
THE APPELLANT
|
|
Andrew
Morrison
Shields
Harney
|
FOR
THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
Murray L. Smith
Smith
Barristers
|
FOR THE APPELLANT
|
|
Andrew
Morrison
Shields
Harney
|
FOR THE RESPONDENT
|
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