Date: 20010510
Docket: A-750-99
Neutral citation: 2001 FCA 147
CORAM: LINDEN J.A.
EVANS J.A.
SHARLOW J.A.
BETWEEN:
MANICKAVASAGAM SURESH
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
Heard at Toronto, Ontario, Wednesday, May 9, 2001
Judgment delivered at Toronto, Ontario,
on Wednesday, May 9, 2001
REASONS FOR JUDGMENT BY: EVANS J.A.
Date: 20010510
Docket: A-750-99
Neutral citation: 2001 FCA 147
CORAM: LINDEN J.A.
EVANS J.A.
SHARLOW J.A.
BETWEEN:
MANICKAVASAGAM SURESH
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario
on Wednesday, May 9, 2001)
EVANS J.A.
This is an appeal from an order of the Trial Division made pursuant to a Notice of Status Review issued in respect of the appellant's action for damages against the respondent. After considering the submissions made on behalf of the appellant in response to the Notice, the Judge dismissed the action for delay.
In view of both the Judge's statement that he was dismissing the action for delay, and the submissions before him, we are not persuaded that the Judge was in breach of any legal duty to provide reasons for his order. In our opinion, there was ample material before the Judge to support his exercise of discretion to dismiss for delay, and he committed no error that would warrant the interference of this Court with this discretionary order.
For these reasons, the appeal will be dismissed with costs.
"John M. Evans"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-750-99
STYLE OF CAUSE: MANICKAVASAGAM SURESH
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
DATE OF HEARING: WEDNESDAY, MAY 9, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: EVANS J.A.
DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON WEDNESDAY, MAY 9, 2001.
APPEARANCES BY: Ms. Barbara Jackman
For the Appellant
Ms. Cheryl Mitchell
Mr. James Leising
For the Respondent
SOLICITORS OF RECORD: JACKMAN, WALDMAN & ASSOCIATES
Barristers & Solicitors
201 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
For the Appellant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF APPEAL
Date: 20010510
Docket: A-750-99
BETWEEN:
MANICKAVASAGAM SURESH
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT
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