Date: 20080228
Docket: A-121-07
Citation: 2008 FCA
79
CORAM: DÉCARY J.A.
LÉTOURNEAU J.A.
SHARLOW J.A.
BETWEEN:
DANIEL
BEDADA
Appellant
(Applicant)
and
SOLICITOR
GENERAL
Respondent
(Respondent)
Heard at Winnipeg, Manitoba, on February
28, 2008.
Judgment delivered at Winnipeg,
Manitoba, on February
28, 2008.
REASONS FOR JUDGMENT BY: DÉCARY
J.A.
Date: 20080228
Docket: A-121-07
Citation: 2008 FCA 79
CORAM: DÉCARY
J.A.
LÉTOURNEAU
J.A.
SHARLOW J.A.
BETWEEN:
DANIEL BEDADA
Appellant
(Applicant)
and
SOLICITOR GENERAL
Respondent
(Respondent)
REASONS FOR JUDGMENT
DÉCARY J.A.
[1]
Despite
the able submissions of Mr. Matas, we have not been persuaded that Mr. Justice
Phelan committed any reviewable error when he found that the claim had become
moot by the time it was argued before him (2007 FC 121).
[2]
Nor have
we been persuaded that the Judge, having found that the case was moot, erred
when in the exercise of his discretion, he decided to dismiss the application
without deciding its merit.
[3]
The appeal
will be dismissed with costs.
"Robert
Décary"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-121-07
(APPEAL FROM A JUDGMENT OF THE FEDERAL
COURT DATED FEBRUARY 5, 2007, DOCKET NO. T-371-05)
STYLE OF CAUSE: DANIEL
BEDADA v.
SOLICITOR GENERAL
PLACE OF HEARING: Winnipeg,
MB
DATE OF HEARING: February 28, 2008
REASONS FOR JUDGMENT OF THE COURT BY: Décary, Létourneau, Sharlow JJ.A.
DELIVERED FROM THE BENCH BY: Décary, J.A.
APPEARANCES:
|
Mr. David Matas
|
FOR THE APPELLANT
|
|
Mr. Scott
Farlinger
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
David Matas,
Barrister & Solicitor
Winnipeg, MB
|
FOR THE APPELLANT
|
|
John H. Sims,
Q.C.,
Deputy Attorney General of Canada – Ottawa, ON
|
FOR THE
RESPONDENT
|
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