Date: 20080918
Docket: A-19-08
Citation: 2008 FCA 272
CORAM: NADON J.A.
SEXTON J.A.
PELLETIER
J.A.
BETWEEN:
HER MAJESTY THE QUEEN
Appellant
and
NTA TRANSPORT INC. (“Nolan”)
et. al., as set out in Schedule “A”
(“Owner/Operator”)
Respondents
Heard at Toronto, Ontario, on September
18, 2008.
Judgment delivered from the
Bench at Toronto,
Ontario, on
September 18, 2008.
REASONS FOR JUDGMENT OF THE COURT BY: NADON
J.A.
Date: 20080918
Docket: A-19-08
Citation: 2008 FCA 272
CORAM: NADON
J.A.
SEXTON
J.A.
PELLETIER
J.A.
BETWEEN:
HER MAJESTY THE QUEEN
Appellant
and
NTA TRANSPORT INC. (“Nolan”) et. al., as
set out in Schedule “A”
(“Owner/Operator”)
Respondents
REASONS FOR JUDGMENT OF THE
COURT
(Delivered from the Bench at Toronto, Ontario, on September 18,
2008)
NADON J.A.
[1]
We have
not been persuaded that Snider J. made any error in concluding that she would
not interfere with Prothonotary Milczynski’s order which dismissed the
appellant’s motion to remove the respondent NTA Transport Inc. (“Nolan”) as a plaintiff
in the proceedings before the Federal Court.
[2]
The appeal
will therefore be dismissed with costs.
“M.
Nadon”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-19-08
(APPEAL FROM AN ORDER OF THE HONORABLE
MADAM JUSTICE SNIDER DATED NOVEMBER 20, 2007 AND MOTION DOCUMENT NO. 17, IN
FEDERAL COURT DOCKET NO. T-2289-05.)
STYLE OF CAUSE: HER MAJESTY THE QUEEN v. NTA
TRANSPORT INC. (“Nolan”) et.
al., as set out in
Schedule “A” (“Owner/Operator”)
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: September 18, 2008
REASONS FOR JUDGMENT OF THE COURT BY: (NADON, SEXTON & PELLETIER JJ.A.)
DELIVERED FROM THE BENCH BY: NADON J.A.
APPEARANCES:
|
Alexander Gay
Agnieszka Zagorska
|
FOR THE APPELLANT
|
|
Israel A. Ludwig
|
FOR THE RESPONDENTS
|
SOLICITORS OF RECORD:
|
John H. Sims, Q.C.
Deputy Attorney General of Canada
Ottawa, Ontario
|
FOR THE
APPELLANT
|
|
Duboff Edwards
Haight & Schachter LLP
Barristers & Solicitors
Winnipeg, Manitoba
|
FOR THE
RESPONDENTS
|
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