Date: 20100421
Docket: A-282-09
Citation: 2010 FCA 107
CORAM: PELLETIER J.A.
DAWSON J.A.
STRATAS J.A.
BETWEEN:
GARY SAUVE
STEPHANE SAUVE
Appellants
and
HER MAJESTY THE QUEEN IN RIGHT
OF CANADA,
Honourable Gordon O'Connor, Minister of
National Revenue,
Canada Revenue Agency, Sylvain Trottier,
Royal Canadian Mounted Police (RCMP),
Yves Bacon (RCMP),
RCMP Vets Net, Frank Richter, Anne Roland
Respondents
Heard at Ottawa, Ontario, on April 20, 2010.
Judgment delivered at Ottawa,
Ontario, on April 21, 2010.
REASONS FOR JUDGMENT BY: STRATAS
J.A.
CONCURRED
IN BY: PELLETIER
J.A.
DAWSON J.A.
Date: 20100421
Docket: A-282-09
Citation: 2010 FCA 107
CORAM: PELLETIER
J.A.
DAWSON J.A.
STRATAS
J.A.
BETWEEN:
GARY SAUVE
STEPHANE SAUVE
Appellants
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA,
Honourable Gordon O'Connor, Minister of
National Revenue,
Canada Revenue Agency, Sylvain Trottier,
Royal Canadian Mounted Police (RCMP),
Yves Bacon (RCMP),
RCMP Vets Net, Frank Richter, Anne Roland
Respondents
REASONS FOR JUDGMENT
STRATAS J.A.
[1]
Mr. Sauve appeals from two orders issued on June
12, 2009 by Justice Hansen of the Federal Court. One order dismissed Mr.
Sauve’s motion for the appointment of a litigation guardian and counsel for his
minor son, Stephane Sauve. The second order dismissed his motion for a stay of an
RCMP disciplinary hearing and for other relief.
[2]
After Justice Hanson made those orders, a
further development took place. This development affects a portion of the
appeal. On July 29, 2009, in response to a motion brought by the respondents,
the Federal Court (per Prothonotory Tabib) ordered, among other things,
that Stephane Sauve be struck from the proceeding as a party plaintiff and that
his action be dismissed. The appellants did not appeal that order. That order
is now final. As a result, Stephane Sauve is no longer in the proceeding.
[3]
Since Stephane Sauve is no longer in the
proceeding, there is no longer any need for the appointment of a litigation
guardian and counsel for him. Therefore, the appeal of the order seeking
appointment of a litigation guardian and counsel should be dismissed.
[4]
In the case of the dismissal of the appellants’
motion for the appointment of a stay and other relief, I see no reviewable
error on the part of the court below. I would add that it appears that the
disciplinary hearing has already been held, and so a stay would serve no useful
purpose.
[5]
Finally, the evidence contained in the affidavit
of Mr. Sauve, filed at the hearing of the motions in Federal Court, does not
establish any basis for granting any of the relief sought in both of the
motions.
[6]
Therefore, I would dismiss the appeal from both
motions, with costs.
"David
Stratas"
“I
agree
J.D. Denis Pelletier J.A.”
“I
agree
Eleanor R. Dawson J.A.”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-282-09
APPEAL FROM TWO
ORDERS OF JUSTICE HANSEN DATED JUNE 12, 2009
STYLE OF CAUSE: Gary
Sauve, Stephane Sauve v. Her Majesty The Queen in Right of Canada, Honourable Gordon O'Connor,
Minister of National Revenue, Canada Revenue Agency, Sylvain Trottier, Royal
Canadian Mounted Police (RCMP), Yves Bacon (RCMP), RCMP Vets Net, Frank
Richter, Anne Roland
PLACE OF HEARING: Ottawa,
Ontario
DATE OF HEARING: April 20, 2010
REASONS FOR JUDGMENT BY: Stratas J.A.
CONCURRED IN BY: Pelletier J.A.
Dawson J.A.
DATED: April 21, 2010
APPEARANCES:
|
Gary Sauve
|
ON HIS OWN
BEHALF
|
|
Agnieszka
Zagorska
Deric Mackenzie-Feder
|
FOR THE RESPONDENT, Her Majesty The Queen
in Right of Canada
|
SOLICITORS
OF RECORD:
|
Myles J. Kirvan
Deputy Attorney General of Canada
|
FOR THE RESPONDENT, Her Majesty The Queen
in Right of Canada
|
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