Date: 20061103
Docket: A-116-06
Citation: 2006 FCA
359
Present: NADON J.A.
BETWEEN:
CANADIAN
PACIFIC RAILWAY COMPANY
Appellant
and
BOUTIQUE
JACOB INC.
Respondent
Dealt with in writing without appearance
of parties.
Order delivered at Ottawa, Ontario,
on November 3, 2006.
REASONS
FOR ORDER BY: NADON
J.A.
Date: 20061103
Docket: A-116-06
Citation: 2006 FCA 359
Present: NADON
J.A.
BETWEEN:
CANADIAN PACIFIC RAILWAY
COMPANY
Appellant
and
BOUTIQUE JACOB INC.
Respondent
REASONS FOR ORDER
NADON J.A.
[1]
After
careful review of the parties’ respective submissions, I have come to the
conclusion that it will be preferable to determine the weight, if any, to be
given to the impugned affidavits when deciding the motions to intervene on
their merit.
[2]
Accordingly,
the respondent’s motions shall be dismissed with costs to follow the result of
the motions for leave to intervene.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-116-06
STYLE OF CAUSE: CPR
v. BOUTIQUE JACOB INC.
MOTION DEALT
WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: NADON J.A.
DATED: November 3, 2006
WRITTEN
REPRESENTATIONS BY:
|
Sandra Sahyouni
|
For the
Respondent
|
|
Jean-Marie Fontaine
L. Michel Huart
|
For the Proposed
Interveners Zim Integrated Shipping Services Ltd., A.P. Moller-Maersk A/S,
Hapag-Lloyd Container Line GmbH, Safmarine Container Lines N.V., American
Steamship Owners Mutual Protection and Indemnity Association Inc. et al.
For the Proposed
Intervener Canadian National Railway Company.
|
SOLICITORS
OF RECORD:
|
The Law Offices of J. Kendrick Sproule
|
For the
Respondent
|
|
Borden Ladner Gervais LLP
Montreal, QC
Langlois
Gaudreau O’Connor LLP
Montreal, QC
|
For the Proposed
Interveners Zim Integrated Shipping Services Ltd., A.P. Moller-Maersk A/S,
Hapag-Lloyd Container Line GmbH, Safmarine Container Lines N.V., American
Steamship Owners Mutual Protection and Indemnity Association Inc. et al.
For the Proposed
Intervener Canadian National Railway Company.
|
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