Ridgeview Restaurant Limited v. Canada (Attorney General)

Ridgeview Restaurant Limited v. Canada (Attorney General)
Court (s) Database
Federal Court of Appeal Decisions
Date
2011-02-09
Neutral citation
2011 FCA 52
File numbers
A-216-10
Decision Content
Federal Court of Appeal
CANADA
Cour d'appel fédérale
Date: 20110209
Docket: A-216-10
Citation: 2011 FCA 52
CORAM: NOËL J.A.
EVANS J.A.
SHARLOW J.A.
BETWEEN:
RIDGEVIEW RESTAURANT LIMITED
Appellant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
and
STEVE GIBSON
Respondent
Heard at Toronto, Ontario, on February 9, 2011.
Judgment delivered from the Bench at Toronto, Ontario, on February 9, 2011.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Federal Court of Appeal
CANADA
Cour d'appel fédérale
Date: 20110209
Docket: A-216-10
Citation: 2011 FCA 52
CORAM: NOËL J.A.
EVANS J.A.
SHARLOW J.A.
BETWEEN:
RIDGEVIEW RESTAURANT LIMITED
Appellant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
and
STEVE GIBSON
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on February 9, 2011)
SHARLOW J.A.
[1] Ridgeview Restaurant Limited is appealing the judgment of Justice Mactavish (2010 FC 506) granting the Crown’s motion to strike Ridgeview’s application for judicial review for want of standing. We agree that Ridgeview lacks standing.
[2] We would add only that Mr. Gibson’s permit does not and does not purport to authorize him to use marihuana in any manner that is contrary to the Liquor Licence Act of Ontario, R.S.O. 1990, c. L. 19, or to engage in any criminal activity, including trafficking marihuana contrary to the Controlled Drugs and Substances Act, S.C. 1996, c. 19.
[3] The appeal will be dismissed with costs.
“K. Sharlow”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-216-10
(APPEAL FROM THE JUDGMENT OF THE HONOURABLE MADAM JUSTICE MACTAVISH OF THE FEDERAL COURT DATED MAY 10, 2010, DOCKET NO.
T-561-09)
STYLE OF CAUSE: RIDGEVIEW RESTAURANT LIMITED v. THE
ATTORNEY GENERAL OF CANADA and STEVE
GIBSON
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: February 9, 2011
REASONS FOR JUDGMENT OF
THE COURT BY: (NOËL, EVANS & SHARLOW JJ.A.)
DELIVERED FROM THE
BENCH BY: SHARLOW J.A.
APPEARANCES:
Gary D. Graham
James Hunter
FOR THE APPELLANT
Sean Gaudet
James Gorham
FOR THE RESPONDENT
THE ATTORNEY GENERAL OF CANADA
SOLICITORS OF RECORD:
GOWLING LAFLEUR HENDERSON LLP
Barristers & Solicitors
Hamilton, Ontario
FOR THE APPELLANT
MYLES J. KIRVAN
Deputy Attorney General of Canada
FOR THE RESPONDENT
THE ATTORNEY GENERAL OF CANADA