Docket: A-265-15
Citation: 2016 FCA 22
|
CORAM:
|
PELLETIER J.A.
DE MONTIGNY J.A.
GLEASON J.A.
|
|
BETWEEN:
|
|
THE PRIME
MINISTER OF CANADA AND THE GOVERNOR GENERAL OF CANADA
|
|
Appellants
|
|
And
|
|
ANIZ ALANI
|
|
Respondent
|
Heard at Vancouver, British Columbia, on January 25, 2016.
Judgment delivered from the Bench at Vancouver, British Columbia, on
January 25, 2016.
|
REASONS FOR JUDGMENT OF THE COURT BY:
|
PELLETIER
J.A.
|
Docket: A-265-15
Citation:
2016 FCA 22
|
CORAM:
|
PELLETIER J.A.
DE MONTIGNY J.A.
GLEASON J.A.
|
|
BETWEEN:
|
|
THE PRIME
MINISTER OF CANADA AND THE GOVERNOR GENERAL OF CANADA
|
|
Appellants
|
|
and
|
|
ANIZ ALANI
|
|
Respondent
|
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British
Columbia, on January 25, 2016).
PELLETIER J.A.
[1]
We have not been persuaded that the motions
judge erred in concluding that it was not plain and obvious that Mr. Alani's
application was bound to fail.
[2]
We further add that, notwithstanding the Supreme
Court's decision in Hryniak v. Mauldin, 2014 SCC 7, [2014] 1 S.C.R.
87, it is preferable that the important and complex issues raised by the
application, if they are to be decided, be decided on as complete a record as
possible.
[3]
The appeal will be dismissed with costs fixed in
the amount of $1,500 all inclusive.
"J.D. Denis Pelletier"
FEDERAL
COURT OF APPEAL
NAMES
OF COUNSEL AND SOLICITORS OF RECORD
(APPEAL FROM AN ORDER OF THE HONOURABLE
MR. JUSTICE HARRINGTON OF THE FEDERAL COURT, DATED MAY 21, 2015, DOCKET NO. T-2506-14)
|
STYLE OF CAUSE:
|
THE PRIME MINISTER OF CANADA AND THE
GOVERNOR GENERAL OF CANADA v. ANIZ ALANI
|
|
|
PLACE OF
HEARING:
|
Vancouver, British Columbia
|
|
DATE OF
HEARING:
|
January 25, 2016
|
|
REASONS
FOR JUDGMENT OF THE COURT BY:
|
PELLETIER J.A.
DE MONTIGNY J.A.
GLEASON J.A.
|
|
DELIVERED
FROM THE BENCH BY:
|
PELLETIER
J.A.
|
|
|
|
|
APPEARANCES:
|
Jan Brongers
Oliver Pulleyblank
|
For The
Appellants
|
|
Aniz Alani
|
For The
Respondent
|
SOLICITORS OF RECORD:
|
William F. Pentney
Deputy Attorney General of Canada
Ottawa,
Ontario
|
For The
Appellants
|
|
Self-Represented
Vancouver, British Columbia
|
For The
Respondent
|
Email this Content