Date: 20001201
Docket: A-267-00
Montréal, Quebec, Friday, December 1, 2000
CORAM: DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Appellant
AND
GABRIEL AZOUZ
Respondent
J U D G M E N T
The appeal is allowed in part and the trial judgment varied to permit the filing of Mario Caron's affidavit in reply dated January 11, 2000, except for paragraphs 7, 8 and 10 of the said affidavit. Each party shall pay its own costs. This judgment also applies to case T-34-99 and case T-35-99.
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
Date: 20001201
Docket: A-267-00
CORAM: DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Appellant
AND
GABRIEL AZOUZ
Respondent
Hearing held at Montréal, Quebec, on Friday, December 1, 2000
Judgment from the bench at Montréal, Quebec
on Friday, December 1, 2000
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20001201
Docket: A-267-00
CORAM: DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Appellant
AND
GABRIEL AZOUZ
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec
on Friday, December 1, 2000
NOËL J.A.
[1] The appeal is allowed in part. The Court considers that since Sydney Sweible's affidavit was entered in the record, Mario Caron's affidavit dated January 11, 2000 should be as well in so far as it responds to Sydney Sweible's affidavit. In this connection, counsel for the appellant acknowledged that paragraphs 7, 8 and 10 are not in reply to the said affidavit: they should therefore be struck out. The other three affidavits require no intervention. Each of the parties shall pay its own costs.
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
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FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20001201
Docket: A-267-00
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Appellant
AND
GABRIEL AZOUZ
Respondent
REASONS FOR JUDGMENT
OF THE COURT
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FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE: A-267-00
STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA
Appellant
AND
GABRIEL AZOUZ
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: December 1, 2000
REASONS FOR JUDGMENT BY: NOËL J.A.
DATED: December 1, 2000
APPEARANCES:
Michel Mathieu FOR THE APPELLANT
Maria Grazia Bittichesu FOR THE RESPONDENT
SOLICITORS OF RECORD:
Sweibel, Novek FOR THE APPELLANT
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada