Date:
20080916
Docket: A-585-07
Citation: 2008 FCA 268
CORAM: DÉCARY J.A.
BLAIS
J.A.
RYER J.A.
BETWEEN:
ROBERT
ANDREW MCBRIDE
Appellant
and
MINISTER
OF DEFENCE
Respondent
Heard at Vancouver,
British Columbia, on September 16, 2008.
Judgment delivered from the Bench at Vancouver, British Columbia, on September 16, 2008.
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY
J.A.
Date:
20080916
Docket:
A-585-07
Citation:
2008 FCA 268
CORAM: DÉCARY
J.A.
BLAIS J.A.
RYER
J.A.
BETWEEN:
ROBERT ANDREW
MCBRIDE
Appellant
and
MINISTER OF
DEFENCE
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Vancouver, British Columbia, on September 16, 2008)
DÉCARY J.A.
[1]
Mr.
McBride was released from the Canadian Forces on June 12, 2007.
[2]
On
June 19, 2007, Mr. McBride sought an interim injunction restraining the
Canadian Forces from releasing him pending the resolution of what he refers to
as his Grievance Procedure.
[3]
On
December 14, 2007, Barnes J. denied the interim injunction.
[4]
On
December 24, 2007, the appellant initiated an appeal to this Court in which he
seeks an order restraining the Canadian Forces from releasing him prior to the
expiry of his term of service, i.e. prior to May 1, 2008.
[5]
Clearly,
no order restraining the Canadian Forces from releasing Mr. McBride could have
been made by Barnes J. once Mr. McBride had been released, as was the case on
June 12, 2007. Furthermore, insofar as this appeal is concerned, it appears
that Mr. McBride was compulsorily released from the Canadian Forces at the
expiry of his term of service on May 1, 2008, i.e. some four months ago.
[6]
In
the circumstances, this appeal is moot. Whether or not the release on June 12,
2007 was legal is an entirely different question that is not before the Court
in this appeal. No valid reason was advanced by Mr. McBride which would lead
the Court to hear the appeal despite its mootness.
[7]
The
appeal will be dismissed with costs payable to the respondent assessed at $500.
"Robert
Décary"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-585-07
STYLE OF CAUSE: ROBERT
ANDREW MCBRIDE V. MINISTER OF DEFENCE
PLACE OF HEARING: Vancouver,
British Columbia
DATE OF HEARING: September 16, 2008
REASONS FOR JUDGMENT OF THE
COURT BY: DÉCARY J.A.
BLAIS J.A.
RYER
J.A.
DELIVERED FROM THE BENCH BY: DÉCARY J.A.
APPEARANCES:
|
R. Douglas McBride
|
FOR
THE APPELLANT
|
|
Robert Danay
|
FOR
THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
R. Douglas McBride
Barrister
& Solicitor
|
FOR THE APPELLANT
|
|
John H. Sims Q.C.
Deputy
Attorney General of Canada
|
FOR THE RESPONDENT
|
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