Canada v. Dickson, 2017 FCA 198

Date: 20170925

Docket: A-273-16

Citation: 2017 FCA 198

Heard at Montréal, Quebec, on September 25, 2017.

Judgment delivered from the Bench at Montréal, Quebec, on September 25, 2017.

Date: 20170925

Docket: A-273-16

Citation: 2017 FCA 198

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Montréal, Quebec, on September 25, 2017)

NADON J.A.

[1]               Notwithstanding Mr. Wilner’s excellent arguments, we have not been persuaded that we should interfere with the judgment of the Federal Court dated July 10, 2016 (per Roussel J., 2016 FC 836).

[2]               Although we are not prepared to totally endorse the Judge’s reasons, we are nonetheless satisfied, for the reasons given by the Judge, that the respondents’ action against the individual appellants is not bereft of any possibility of success. Whether or not the respondents can succeed on the merits against the individual appellants is obviously a different question which the trial judge will have to decide in the light of the record before him or her. In the context of the evidence that will be adduced at the trial, we recognize the possibility that the Judge could conclude that the Court is without jurisdiction as far as the individual appellants are concerned.

[3]               However, at this point in time, we are not convinced that the respondents’ case is not arguable.

[4]               Consequently, the appeal will be dismissed with costs.

"M Nadon"

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

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