Trevor Nicholas Construction Co. v. Canada (Minister for Public Works), 2004 FCA 356

Date: 20041021

Docket: A-105-04

Citation: 2004 FCA 356

CORAM:                     LINDEN J.A.

SEXTON J.A.

SHARLOW J.A.

BETWEEN:

TREVOR NICHOLAS CONSTRUCTION CO. LIMITED

Appellant

and

HER MAJESTY THE QUEEN AS REPRESENTED

BY THE MINISTER FOR PUBLIC WORKS

Respondent

                                        Heard at Toronto, Ontario, on October 21^st, 2004

                   Judgment delivered from the Bench at Toronto, Ontario, on October 21, 2004

REASONS FOR JUDGMENT OF THE COURT BY:                                                   LINDEN J.A.

Date: 20041021

Docket: A-105-04

Citation: 2004 FCA 356

CORAM:        LINDEN J.A.

SEXTON J.A.

SHARLOW J.A.

BETWEEN:

TREVOR NICHOLAS CONSTRUCTION CO. LIMITED

Appellant

and

HER MAJESTY THE QUEEN AS REPRESENTED

BY THE MINISTER FOR PUBLIC WORKS

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Toronto, Ontario, on October 20, 2004)

LINDEN J.A.

[1]                We are of the view that the decision dated February 16, 2004 that is being appealed is unimpeachable.

[2]                The Motions Judge rightly concluded that, in the circumstances of this case, the Prothonotary had jurisdiction to decide the issues before her. (SeeTempo Marble v. Mecklenburg 1 (The) [2002] F.C.J. No. 1605).

[3]                The Motions Judge invoked and applied the correct standard of review in these matters as postulated in Canada v. Aqua-Gem Investments Ltd. [1993] 2 F.C. 425 (C.A.) per MacGuigan J.A..

[4]                The appeal will, therefore, be dismissed, with costs of $500 payable forthwith by the Appellant to the Respondent.

"A. M. Linden"

                                                                                                                                                      J.A.                   

                                                  FEDERAL COURT OF APPEAL

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                           A-105-04

STYLE OF CAUSE:                         TREVOR NICHOLAS CONSTRUCTION CO. LIMITED

Appellant

and

                                                            HER MAJESTY THE QUEEN AS REPRESENTED

                                                            BY THE MINISTER FOR PUBLIC WORKS

Respondent

PLACE OF HEARING:                     TORONTO, ONTARIO

DATE OF HEARING:                       OCTOBER 20 , 2004

REASONS FOR JUDGMENT

OF THE COURT:                               (LINDEN, SEXTON, SHARLOW JJ.A.]

DELIVERED FROM THE

BENCH BY:                                        LINDEN J.A.

APPEARANCES:

John Susin                                             FOR APPELLANT

Company Representative

Christopher Parke                                 FOR RESPONDENT

SOLICITORS OF RECORD:

Company Representative

(Non Counsel)                          FOR APPELLANT

Morris Rosenberg                                  FOR RESPONDENT

Deputy Attorney General of Canada