Date: 19971106
Docket: A-776-96
CORAM: STRAYER, J.A.
DESJARDINS, J.A.
MCDONALD, J.A.
BETWEEN:
COLIN STUART GIBB
Appellant (Plaintiff)
- and -
HER MAJESTY THE QUEEN
Respondent (Defendant)
Heard at Vancouver, British Columbia on November 5, 1997
Reasons delivered at Vancouver, British Columbia on November 5, 1997
REASONS FOR JUDGMENT BY: DESJARDINS, J.A.
Date: 19971106
Docket: A-776-96
CORAM: STRAYER, J.A.
DESJARDINS, J.A.
MCDONALD, J.A.
BETWEEN:
COLIN STUART GIBB
Appellant (Plaintiff)
- and -
HER MAJESTY THE QUEEN
Respondent (Defendant)
REASONS FOR JUDGMENT
DESJARDINS, J.A.
[1] We are all of the view that the motion judge misdirected herself in exercising her discretion by staying this action. We think, on the contrary, that whatever the outcome of this action is, it ought to proceed without the impediment of a stay.
[2] The appeal will be allowed with costs.
(Sgd.) "Alice Desjardins"
J.A.
November 6, 1997
Vancouver, British Columbia
FEDERAL COURT OF APPEAL
Date: 19971106
Docket: A-776-96
BETWEEN:
COLIN STUART GIBB
Appellant (Plaintiff)
- and -
HER MAJESTY THE QUEEN
Respondent (Defendant)
REASONS FOR JUDGMENT
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DATED: 19971106
COURT NO.: A-776-96
STYLE OF CAUSE: COLIN STUART GIBB
v.
HER MAJESTY THE QUEEN
PLACE OF HEARING: Vancouver, BC
DATE OF HEARING: November 5, 1997
REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS, J.A.
CONCURRED IN BY: STRAYER, J.A.
MCDONALD, J.A.
APPEARANCES:
Mr. D. MacAdams for Appellant
Mr. H. Glinter
Miss. C. Myslicki for Respondent
SOLICITORS OF RECORD:
MacAdams Law Firm
Abbotsford, BC for Appellant
George Thomson for Respondent
Deputy Attorney General
of Canada
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