Date: 20111214
Docket: A-112-11
Citation: 2011 FCA 353
CORAM: NOËL J.A.
DAWSON J.A.
TRUDEL J.A.
BETWEEN:
LIEUTENANT-COLONEL R. D. McILROY
Appellant
and
ATTORNEY
GENERAL OF CANADA
Respondent
Heard at Toronto,
Ontario, on December 14,
2011.
Judgment delivered from the Bench at Toronto, Ontario, on December 14, 2011.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL
J.A.
Date:
20111214
Docket:
A-112-11
Citation:
2011 FCA 353
CORAM: NOËL
J.A.
DAWSON J.A.
TRUDEL
J.A.
BETWEEN:
LIEUTENANT-COLONEL R. D. McILROY
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Toronto, Ontario, on December 14,
2011)
NOËL J.A.
[1]
Substantially
for the reasons given by Simpson J. of the Federal Court, we agree that the
Chief of Defence Staff’s decision removing the appellant from command was
reasonable.
[2]
As
to procedural fairness, we agree with Simpson J., for the reasons that she gave,
that no meaningful breach was identified.
[3]
Finally,
it was open to Simpson J. to strike the Alden Affidavit given the nature of its
contents.
[4]
The
appeal will be dismissed with costs to the respondent.
“Marc Noël”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-112-11
APPEAL
FROM THE JUDGMENT OF THE HONOURABLE MADAM JUSTICE SIMPSON OF THE FEDERAL COURT
DATED FEBRUARY 9, 2011, IN DOCKET NO.
T-369-09.
STYLE OF
CAUSE: LIEUTENANT-COLONEL R. D. McILROY v.
ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: December 14, 2011
REASONS FOR JUDGMENT OF
THE COURT BY: (NOËL, DAWSON & TRUDEL
JJ.A.)
DELIVERED FROM THE
BENCH BY: NOËL
J.A.
APPEARANCES:
|
Lloyd Hoffer
|
FOR
THE APPELLANT
|
|
Jacqueline Dais-Visca
|
FOR
THE RESPONDENT
|
SOLICITORS OF RECORD:
|
HOFFER ADLER LLP
Barristers
& Solicitors
Toronto,
Ontario
|
FOR
THE APPELLANT
|
|
Myles J. Kirvan
Deputy
Attorney General of Canada
Toronto, Ontario
|
FOR
THE RESPONDENT
|
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