Date: 20090512
Docket:
A-469-08
Citation: 2009 FCA 153
CORAM: EVANS J.A.
LAYDEN-STEVENSON
J.A.
RYER J.A.
BETWEEN:
MUSHKEGOWUK COUNCIL and
STAN LOUTTIT
Appellants
and
THE ATTORNEY
GENERAL OF CANADA,
THE MINISTER OF
NATURAL RESOURCES
(THE HON. GARY
LUNN P.C., M.P.) and
THE NUCLEAR WASTE
MANAGEMENT ORGANIZATION
Respondents
AND BETWEEN:
MUSHKEGOWUK
COUNCIL and
STAN LOUTTIT
Appellants
and
THE ATTORNEY
GENERAL OF CANADA,
THE MINISTER OF
NATURAL RESOURCES
(THE HON. GARY
LUNN P.C., M.P.) and
THE NUCLEAR WASTE
MANAGEMENT ORGANIZATION
Respondents
Heard
at Toronto, Ontario, on May
12, 2009.
Judgment
delivered from the Bench at Toronto, Ontario,
on May 12, 2009.
REASONS FOR JUDGMENT OF THE COURT BY: LAYDEN-STEVENSON
J.A.
Date: 20090512
Docket:
A-469-08
Citation: 2009 FCA
153
CORAM: EVANS J.A.
LAYDEN-STEVENSON J.A.
RYER J.A.
BETWEEN:
MUSHKEGOWUK
COUNCIL and
STAN LOUTTIT
Appellants
and
THE
ATTORNEY GENERAL OF CANADA,
THE MINISTER OF
NATURAL RESOURCES
(THE HON. GARY
LUNN P.C., M.P.) and
THE NUCLEAR WASTE
MANAGEMENT ORGANIZATION
Respondents
AND BETWEEN:
MUSHKEGOWUK
COUNCIL and
STAN LOUTTIT
Appellants
and
THE ATTORNEY
GENERAL OF CANADA,
THE MINISTER OF
NATURAL RESOURCES
(THE HON. GARY
LUNN P.C., M.P.) and
THE NUCLEAR WASTE
MANAGEMENT ORGANIZATION
Respondents
REASONS FOR
JUDGMENT OF THE COURT
(Delivered from the
Bench at Toronto, Ontario, on May 12, 2009)
LAYDEN-STEVENSON
J.A.
[1]
The appellants appeal the order of Mr. Justice Zinn dismissing their
appeal from an order of Prothonotary Milczynski denying their motion for leave
to amend and add alternative relief as part of a consolidated and revised
notice of application.
[2]
The appeal arises within the context of two applications for judicial
review in relation to decisions taken pursuant to the provisions of the Nuclear
Fuel Waste Act, S.C. 2002, c. 23 (the Act).
[3]
At the hearing of this appeal, the appellants’ counsel informed the
Court that the appellants seek judicial review of only those portions of the
impugned decisions that were allegedly determined without the consultation
required by the Act. We are of the view that the request for declaratory
relief contained in the original notice of application encompasses this
purpose, a position with which counsel for the respondents the Attorney General
of Canada and the Minister of Natural Resources agrees.
[4]
Consequently, the amendments are not necessary and the interests of
justice would not be served by permitting them to be made. In arriving at this
conclusion, we should not be taken to endorse the reasons of the prothonotary
or the motions judge.
[5]
The appeal will be dismissed with costs.
"Carolyn
Layden-Stevenson"
FEDERAL COURT
OF APPEAL
NAMES OF
COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-469-08
(APPEAL FROM AN ORDER OF THE HONOURABLE MR. JUSTICE ZINN)
DATED SEPTEMBER 17, 2008, DOCKET NOS.T-1305-07 and T-1306-07)
STYLE OF CAUSE: MUSHKEGOWUK
COUNCIL and STAN LOUTTIT v.
THE ATTORNEY GENERAL OF CANADA,
THE MINISTER OF NATURAL RESOURCES(THE HON. GARY LUNN P.C., M.P.) and THE
NUCLEAR WASTE MANAGEMENT ORGANIZATION
AND:
MUSHKEGOWUK
COUNCIL and STAN LOUTTIT v.
THE ATTORNEY GENERAL OF CANADA,
THE MINISTER OF NATURAL RESOURCES (THE HON. GARY LUNN P.C., M.P.) and THE
NUCLEAR WASTE MANAGEMENT ORGANIZATION
PLACE OF
HEARING: Toronto, Ontario
DATE OF
HEARING: May 12, 2009
REASONS
FOR JUDGMENT OF THE COURT BY: (EVANS, LAYDEN-STEVENSON
& RYER JJ.A)
DELIVERED
FROM THE BENCH BY: LAYDEN-STEVENSON J.A.
APPEARANCES:
|
Murray Klippenstein
Basil Alexander
|
FOR THE APPELLANTS
|
|
Liz Tinker
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Klippensteins
Barristers & Solicitors
Toronto, Ontario
|
FOR THE APPELLANTS
|
|
John H. Sims, Q.C.
Deputy Attorney General of Canada
|
FOR THE RESPONDENT
|
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