Date: 20030225
Docket: A-638-02
Neutral citation: 2003 FCA 101
CORAM: STRAYER J.A.
ROTHSTEIN J.A.
MALONE J.A.
BETWEEN:
PATRICK MICHAEL KELLY
Appellant
and
MICHAEL GALLAGHER,
WARDEN OF WILLIAM HEAD INSTITUTION
Respondent
Heard at Ottawa, Ontario, on February 25, 2003
Judgment delivered from the Bench at Ottawa, Ontario, on February 25, 2003
REASONS FOR JUDGMENT OF THE COURT BY: MALONE J.A.
Date: 20030225
Docket: A-638-02
Neutral citation: 2003 FCA 101
CORAM: STRAYER J.A.
ROTHSTEIN J.A.
MALONE J.A.
BETWEEN:
PATRICK MICHAEL KELLY
Appellant
and
MICHAEL GALLAGHER,
WARDEN OF WILLIAM HEAD INSTITUTION
Respondent
REASONS FOR JUDGMENT
MALONE J.A.
[1] We are all satisfied that the Motions Judge gave sufficient weight to all relevant considerations in her exercise of judicial discretion in refusing the appellant's motion to stay his transfer from the William Head Institution. We note, in particular, the Motions Judge's observation that Mr. Kelly faces the same safety issues at the William Head Institution as those he advanced as grounds for irreparable harm at the Mission Medium Security Institution.
[2] This Court can only interfere with the factual findings or inferences of fact as found by the Motions Judge where palpable and overriding errors are demonstrated either in connection with the weighing of evidence or on issues of credibility (see Housen v. Nikolaisen 2002 S.C.C. 33). None have been demonstrated here. Having disposed of the appeal in this way, the issue of mootness need not be dealt with.
[3] Notwithstanding the able arguments of appellant's counsel, the appeal will be dismissed with costs in the lump sum amount of $750.00 inclusive of disbursements.
"B. Malone"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-638-02
STYLE OF CAUSE: Patrick Michael Kelly v. Michael Gallagher, Warden of William Head Institution
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: February 25, 2003
REASONS FOR JUDGMENT OF THE COURT BY: MALONE J.A.
DATED: February 25, 2003
APPEARANCES:
Ms. Felicity Hawthorn FOR THE APPELLANT
Mr. Jeff Andersen FOR THE RESPONDENT
SOLICITORS OF RECORD:
Ms. Donna M. Turko FOR THE APPELLANT
Vancouver, British Columbia
Mr. Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
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