Date:
20090310
Docket: A-370-08
Citation: 2009 FCA 77
CORAM: SHARLOW J.A.
PELLETIER
J.A.
LAYDEN-STEVENSON J.A.
BETWEEN:
ABOUSIOFIAN
ABDELRAZIK
Appellant
and
MINISTER OF FOREIGN AFFAIRS
AND INTERNATIONAL TRADE
Respondent
Heard at Ottawa,
Ontario, on March 10,
2009.
Judgment delivered from the Bench at Ottawa, Ontario, on March 10, 2009.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW
J.A.
Date:
20090310
Docket:
A-370-08
Citation:
2009 FCA 77
CORAM: SHARLOW
J.A.
PELLETIER J.A.
LAYDEN-STEVENSON
J.A.
BETWEEN:
ABOUSOFIAN
ABDELRAZIK
Appellant
and
MINISTER OF FOREIGN AFFAIRS
AND INTERNATIONAL TRADE
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Ottawa, Ontario, on March 10, 2009)
SHARLOW J.A.
[1]
We
have not been persuaded that the discretionary orders of Justice Mactavish were
made on the basis of any improper principle. The appeal will be dismissed
without costs. The cross-appeal will be dismissed with costs fixed in the
amount of $2,500 (inclusive of disbursements). The judgment will be stayed for
30 days to give the respondent time to seek the exemptions required to permit
the costs to be paid.
[2]
As
to the suggestion that the order relating to the solicitor and client
communications are too broadly worded, that is a matter that can be dealt with
in case management.
“K.
Sharlow”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-370-08
STYLE OF CAUSE: Abousiofian
Abdelrazik v.
Minister of Foreign Affairs and International Trade
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: March 10, 2009
REASONS FOR JUDGMENT OF THE COURT BY: (SHARLOW, PELLETIER, LAYDEN-STEVENSON J.J.A.)
DELIVERED FROM THE BENCH BY: SHARLOW J.A.
APPEARANCES:
|
Paul Champ
|
FOR THE APPELLANT
|
|
Anne M.
Turley
Elizabeth Richards
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Raven, Cameron,
Ballantyne & Yazbeck
Ottawa, Ontario
|
FOR THE
APPELLANT
|
|
John H. Sims,
Q.C.
Deputy Attorney General of Canada
|
FOR THE
RESPONDENT
|