Date: 20021108
Docket: A-624-01
Neutral citation: 2002 FCA 428
CORAM: DÉCARY J.A.
NADON J.A.
MALONE J.A.
BETWEEN:
STEPHEN M. BYER
Appellant
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Respondent
Heard at Ottawa, Ontario, on November 5, 2002.
Judgment rendered at Ottawa, Ontario, on November 8, 2002.
REASONS FOR JUDGMENT BY: DÉCARY J.A.
CONCURRED IN BY: NADON J.A.
MALONE J.A.
Date: 20021108
Docket: A-624-01
Neutral citation: 2002 FCA 428
CORAM: DÉCARY J.A.
NADON J.A.
MALONE J.A.
BETWEEN:
STEPHEN M. BYER
Appellant
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Respondent
REASONS FOR JUDGMENT
DÉCARY J.A.
[1] This is an appeal from an Order made by Mr. Justice Blais whereby he adjourned sine die the motion for default judgment filed by the appellant. The learned judge was of the view that the motion for default judgment was premature since a motion to quash the appellant's statement of claim was then pending before the Court.
[2] It is obvious that the Motions Judge exercised his discretion in a most judicious way. The appeal should be dismissed with costs. In the circumstances, the Court is of the view that a lump sum of $2,000.00, inclusive of disbursements, should be paid by the appellant to the respondent in lieu of assessed costs (see Rule 400(4)).
"Robert Décary"
J.A.
"I agree.
M. Nadon, J.A."
"I agree.
B. Malone, J.A."
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-624-01
STYLE OF CAUSE: Stephen M. Byer v. Her Majesty the Queen in Right of Canada
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: November 5, 2002
REASONS FOR JUDGMENT BY: Décary J.A.
CONCURRED IN BY: Nadon J.A.
Malone J.A.
DATED: November 8, 2002
APPEARANCES:
Mr. Stephen M. Byer ON HIS OWN BEHALF
Mr. Daniel Latulippe FOR THE RESPONDENT
SOLICITORS OF RECORD:
Mr. Stephen M. Byer
Verdun, Quebec ON HIS OWN BEHALF
Mr. Morris Rosenberg
Deputy Attorney General of Canada FOR THE RESPONDENT
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