Docket: A-543-14
Citation: 2016 FCA 18
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CORAM:
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TRUDEL J.A.
DE MONTIGNY J.A.
GLEASON J.A.
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BETWEEN:
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RACHEL EXETER
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Appellant
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and
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ATTORNEY
GENERAL OF CANADA
(Deputy Head,
Statistic Canada)
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Respondent
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Heard at Ottawa, Ontario, on January 20, 2016.
Judgment delivered from the Bench at Ottawa, Ontario, on January 20,
2016.
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REASONS FOR JUDGMENT OF THE COURT BY:
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TRUDEL
J.A.
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Docket: A-543-14
Citation:
2016 FCA 18
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CORAM:
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TRUDEL J.A.
DE MONTIGNY J.A.
GLEASON J.A.
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BETWEEN:
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RACHEL EXETER
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Appellant
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and
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ATTORNEY
GENERAL OF CANADA
(Deputy Head
Statistic Canada)
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Respondent
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REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on
January 20, 2016).
TRUDEL J.A.
[1]
We are all of the view that the Motions Judge
was right in not interfering with the Prothonotary’s Order. The Motions Judge’s
Order was arrived at on a proper basis (2014 FC 1160). We agree that the
Prothonotary properly exercised her discretion not to stay the proceeding. This
question was not vital to the issue of the case.
[2]
As a result, we find no error in the Motions
Judge’s Order justifying our intervention. More particularly, we are satisfied
that the Motions Judge’s reasons were sufficient and dealt with all the issues
raised by the appellant. Moreover, there is simply no basis for an allegation
of bias in this case and it was improper to make such an allegation.
[3]
Consequently, the appeal will be dismissed with
all-inclusive costs assessed at $5,000 payable forthwith. No further Notices of
Appeal with respect to interlocutory matters in file T-943-12 shall be accepted
for filing unless Ms. Exeter provides written confirmation that these costs
have been paid.
"Johanne Trudel"
FEDERAL
COURT OF APPEAL
NAMES
OF COUNSEL AND SOLICITORS OF RECORD
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Docket:
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A-543-14
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STYLE OF CAUSE:
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RACHEL EXETER
v. ATTORNEY GENERAL OF CANADA (DEPUTY HEAD, STATISTICS CANADA)
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PLACE OF
HEARING:
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Ottawa, Ontario
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DATE OF
HEARING:
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January 20, 2016
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REASONS
FOR JUDGMENT OF THE COURT BY:
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TRUDEL J.A.
DE MONTIGNY J.A.
GLEASON J.A.
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DELIVERED
FROM THE BENCH BY:
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TRUDEL J.A.
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APPEARANCES:
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Rachel Exeter
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SELF-REPRESENTED
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Léa Bou Karam
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For The
Respondent
ATTORNEY GENERAL OF CANADA (DEPUTY HEAD,
STATISTICS CANADA)
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SOLICITORS OF RECORD:
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William F. Pentney
Deputy Attorney General of Canada
Ottawa, Ontario
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For The
Respondent
ATTORNEY GENERAL OF CANADA (DEPUTY HEAD,
STATISTICS CANADA)
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