Docket: A-436-13
Citation: 2014 FCA 232
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CORAM:
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NADON J.A.
GAUTHIER J.A.
WEBB J.A.
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BETWEEN:
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EDWARD ANDREW DENNIS, HAROLD BELL, NATHAN VICTOR MACKLIN AND IAN
LORNE MACCREARY
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Appellants
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and
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HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA, AS REPRESENTED BY
THE ATTORNEY GENERAL OF CANADA, HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA, AS REPRESENTED BY THE MINISTER OF AGRICULTURE AND AGRIFOOD AND THE CANADIAN WHEAT
BOARD
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Respondents
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Heard at Ottawa, Ontario, on October 15, 2014.
Judgment delivered from the Bench at Ottawa, Ontario, on October 15,
2014.
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REASONS FOR JUDGMENT OF THE COURT BY:
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NADON
J.A.
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Docket: A-436-13
Citation:
2014 FCA 232
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CORAM:
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NADON J.A.
GAUTHIER J.A.
WEBB J.A.
|
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BETWEEN:
|
|
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EDWARD ANDREW DENNIS, HAROLD BELL, NATHAN VICTOR MACKLIN AND IAN
LORNE MACCREARY
|
|
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Appellants
|
|
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and
|
|
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HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA, AS REPRESENTED BY
THE ATTORNEY GENERAL OF CANADA, HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA, AS REPRESENTED BY THE MINISTER OF AGRICULTURE AND AGRIFOOD AND THE CANADIAN WHEAT
BOARD
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Respondents
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REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on October
15, 2014).
NADON J.A.
[1]
Despite Mr. Shrybman’s forcefull submissions, we
are of the view, substantially for the reasons given by Madam Justice
Tremblay-Lamer in her decision of November 29, 2013, that the appellants’
claims for expropriation and breach of trust, the only claims pursued by the
appellants in their appeal, should be struck.
[2]
As concerns the cross-appeal, we have not been
persuaded that we should interfere with the judge’s conclusion that the
mismanagement claims should not be struck.
[3]
For these reasons, the appeal and the cross-appeal
will be dismissed with costs.
"M Nadon"
FEDERAL
COURT OF APPEAL
NAMES
OF COUNSEL AND SOLICITORS OF RECORD
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Docket:
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A-436-13
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STYLE OF CAUSE:
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EDWARD ANDREW DENNIS, HAROLD BELL, NATHAN
VICTOR MACKLIN AND IAN LORNE MACCREARY v. HER MAJESTY THE QUEEN IN THE RIGHT
OF CANADA, AS REPRESENTED BY THE ATTORNEY GENERAL OF CANADA, HER MAJESTY THE
QUEEN IN THE RIGHT OF CANADA, AS REPRESENTED BY THE MINISTER OF AGRICULTURE
AND AGRIFOOD AND THE CANADIAN WHEAT BOARD
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PLACE OF
HEARING:
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Ottawa, Ontario
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DATE OF
HEARING:
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October 15, 2014
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REASONS
FOR JUDGMENT OF THE COURT BY:
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NADON J.A.
GAUTHIER J.A.
WEBB J.A.
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DELIVERED
FROM THE BENCH BY:
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NADON J.A.
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APPEARANCES:
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Steven Shrybman
Ben Piper
Anders Bruun
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For The
Appellants
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Mark Kindrachuk
Jennifer Souter
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For The
Respondents
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Lawrence Thacker
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For The
Respondents
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SOLICITORS OF RECORD:
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SACK GOLDBLATT MITCHELL LLP
Ottawa, Ontario
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For The
Appellants
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William F. Pentney
Deputy Attorney General of Canada
Ottawa, Ontario
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For The
Respondents
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LENCZNER SLAGHT ROYCE SMITH GRIFFIN LLP
Toronto, Ontario
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For The
Respondents
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