Date: 20020912
Docket: A-770-00
Neutral Citation: 2002 FCA 329
CORAM: DESJARDINS J.A.
NOËL J.A.
NADON J.A.
BETWEEN:
ALI GAHAM
Appellant
and
HER MAJESTY THE QUEEN
IN RIGHT OF CANADA
Respondent
Hearing held at Montréal, Quebec, on September 12, 2002.
Judgment delivered from the bench at Montréal, Quebec, on September 12, 2002.
REASONS FOR JUDGMENT BY: NOËL J.A.
Date : 20020912
Docket: A-770-00
Neutral Citation: 2002 FCA 329
CORAM : DESJARDINS J.A.
NOËL J.A.
NADON J.A.
BETWEEN:
ALI GAHAM
Appellant
and
HER MAJESTY THE QUEEN
IN RIGHT OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec,
on September 12, 2002)
NOËL J.A.
[1] It seems clear to us that the only question Mr. Justice Denault had to decide at the preliminary objection stage was whether he should dismiss the appellant's action before the respondent filed her defence. He did not have to make a definitive ruling on the jurisdiction of
[2] We are of the view that the trial judge properly found that the decision by Denault J. dismissing the preliminary objection was not res judicata with respect to the jurisdiction of the Court.
[3] The appeal will therefore be dismissed with costs.
"Marc Noël"
J.A.
Certified true translation
Mary Jo Egan, LLB
FEDERAL COURT OF CANADA
APPEAL DIVISION
SOLICITORS OF RECORD
DOCKET: A-770-00
STYLE OF CAUSE:
ALI GAHAM
Appellant
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: September 12, 2002
REASONS FOR JUDGMENT OF THE COURT: THE HONOURABLE MR. JUSTICE NOËL
CONCURRED IN BY: DESJARDINS J.A.
NADON J.A.
DATE OF REASONS: September 12, 2002
APPEARANCES:
| Grégoire M. Bijimine
|
FOR THE APPELLANT
|
| Carole Bureau
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
| Grégoire M. Bijimine
Montréal (Québec)
|
FOR THE APPELLANT
|
| Morris Rosenberg
Deputy Attorney General of Canada
Montréal, Quebec
|
FOR THE RESPONDENT
|
Date: 20020912
Docket: A-770-00
Montréal, Quebec, September 12, 2002
CORAM: DESJARDINS J.A.
NOËL J.A.
NADON J.A.
BETWEEN:
ALI GAHAM
Appellant
and
HER MAJESTY THE QUEEN
IN RIGHT OF CANADA
Respondent
+
JUDGMENT
The appeal is dismissed with costs.
"Alice Desjardins"
J.A.
Certified true translation
Mary Jo Egan, LLB
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20020912
Docket: A-770-00
Between:
ALI GAHAM
Appellant
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
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