Chum Ltd. v. Canada (Attorney General)
Court headnote
Chum Ltd. v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2005-04-18 Neutral citation 2005 FCA 142 File numbers A-366-04 Decision Content Date: 20050418 Docket: A-366-04 Citation: 2005 FCA 142 CORAM: RICHARD C.J. NOËL J. A. SEXTON J.A. BETWEEN: CHUM LIMITED Appellant and ATTORNEY GENERAL OF CANADA Respondent Heard at Toronto, Ontario, on April 18th, 2005. Judgment delivered from the Bench at Toronto, Ontario, on April 18th, 2005. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20050418 Docket: A-366-04 Citation: 2005 FCA 142 CORAM: RICHARD C.J. NOËL J. A. SEXTON J.A. BETWEEN: CHUM LIMITED Appellant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on April 18, 2005) NOËL J.A. [1] The Canadian Radio-television and Telecommunications Commission (CRTC) not having identified in any way the cause of the error committed in its final decision of January 21, 2004, has failed to bring itself within the exceptions to the principle of functus officio set out in Chandler v. Alberta Association of Architects, [1989] 2 S.C.R. 848. It follows that it had no authority to revisit its earlier decision and change the conditions of the licence issued to the Appellant. [2] The appeal will be allowed and the decision of the CRTC dated February 27, 2004 will be set aside, with costs to the Appellant. "Marc Noël" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD …
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Chum Ltd. v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2005-04-18 Neutral citation 2005 FCA 142 File numbers A-366-04 Decision Content Date: 20050418 Docket: A-366-04 Citation: 2005 FCA 142 CORAM: RICHARD C.J. NOËL J. A. SEXTON J.A. BETWEEN: CHUM LIMITED Appellant and ATTORNEY GENERAL OF CANADA Respondent Heard at Toronto, Ontario, on April 18th, 2005. Judgment delivered from the Bench at Toronto, Ontario, on April 18th, 2005. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20050418 Docket: A-366-04 Citation: 2005 FCA 142 CORAM: RICHARD C.J. NOËL J. A. SEXTON J.A. BETWEEN: CHUM LIMITED Appellant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on April 18, 2005) NOËL J.A. [1] The Canadian Radio-television and Telecommunications Commission (CRTC) not having identified in any way the cause of the error committed in its final decision of January 21, 2004, has failed to bring itself within the exceptions to the principle of functus officio set out in Chandler v. Alberta Association of Architects, [1989] 2 S.C.R. 848. It follows that it had no authority to revisit its earlier decision and change the conditions of the licence issued to the Appellant. [2] The appeal will be allowed and the decision of the CRTC dated February 27, 2004 will be set aside, with costs to the Appellant. "Marc Noël" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-366-04 . STYLE OF CAUSE: CHUM LIMITED Appellant and ATTORNEY GENERAL OF CANADA Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: APRIL 18, 2005 REASONS FOR JUDGMENT OF THE COURT: RICHARD C.J. NOËL J.A. SEXTON J.A. DELIVERED FROM THE BENCH BY: NOËL J.A. APPEARANCES: Mr. David Kent FOR THE APPELLANT Ms. Shelley C. Quinn Ms. Amy Porteous FOR THE RESPONDENT SOLICITORS OF RECORD: Millan Binch LLP Toronto, Ontario FOR THE APPELLANT John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca