Trevor Nicholas Construction Co. v. Canada (Minister for Public Works)
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Trevor Nicholas Construction Co. v. Canada (Minister for Public Works) Court (s) Database Federal Court of Appeal Decisions Date 2004-10-21 Neutral citation 2004 FCA 356 File numbers A-105-04 Decision Content Date: 20041021 Docket: A-105-04 Citation: 2004 FCA 356 CORAM: LINDEN J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: TREVOR NICHOLAS CONSTRUCTION CO. LIMITED Appellant and HER MAJESTY THE QUEEN AS REPRESENTED BY THE MINISTER FOR PUBLIC WORKS Respondent Heard at Toronto, Ontario, on October 21st, 2004 Judgment delivered from the Bench at Toronto, Ontario, on October 21, 2004 REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A. Date: 20041021 Docket: A-105-04 Citation: 2004 FCA 356 CORAM: LINDEN J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: TREVOR NICHOLAS CONSTRUCTION CO. LIMITED Appellant and HER MAJESTY THE QUEEN AS REPRESENTED BY THE MINISTER FOR PUBLIC WORKS Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on October 20, 2004) LINDEN J.A. [1] We are of the view that the decision dated February 16, 2004 that is being appealed is unimpeachable. [2] The Motions Judge rightly concluded that, in the circumstances of this case, the Prothonotary had jurisdiction to decide the issues before her. (SeeTempo Marble v. Mecklenburg 1 (The) [2002] F.C.J. No. 1605). [3] The Motions Judge invoked and applied the correct standard of review in these matters as postulated in Canada v. Aqua-Gem Investments Ltd. [1993] 2 F.C. 425 (C.A.) per MacGuigan J.A.. [4] The …
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Trevor Nicholas Construction Co. v. Canada (Minister for Public Works) Court (s) Database Federal Court of Appeal Decisions Date 2004-10-21 Neutral citation 2004 FCA 356 File numbers A-105-04 Decision Content Date: 20041021 Docket: A-105-04 Citation: 2004 FCA 356 CORAM: LINDEN J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: TREVOR NICHOLAS CONSTRUCTION CO. LIMITED Appellant and HER MAJESTY THE QUEEN AS REPRESENTED BY THE MINISTER FOR PUBLIC WORKS Respondent Heard at Toronto, Ontario, on October 21st, 2004 Judgment delivered from the Bench at Toronto, Ontario, on October 21, 2004 REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A. Date: 20041021 Docket: A-105-04 Citation: 2004 FCA 356 CORAM: LINDEN J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: TREVOR NICHOLAS CONSTRUCTION CO. LIMITED Appellant and HER MAJESTY THE QUEEN AS REPRESENTED BY THE MINISTER FOR PUBLIC WORKS Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on October 20, 2004) LINDEN J.A. [1] We are of the view that the decision dated February 16, 2004 that is being appealed is unimpeachable. [2] The Motions Judge rightly concluded that, in the circumstances of this case, the Prothonotary had jurisdiction to decide the issues before her. (SeeTempo Marble v. Mecklenburg 1 (The) [2002] F.C.J. No. 1605). [3] The Motions Judge invoked and applied the correct standard of review in these matters as postulated in Canada v. Aqua-Gem Investments Ltd. [1993] 2 F.C. 425 (C.A.) per MacGuigan J.A.. [4] The appeal will, therefore, be dismissed, with costs of $500 payable forthwith by the Appellant to the Respondent. "A. M. Linden" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-105-04 STYLE OF CAUSE: TREVOR NICHOLAS CONSTRUCTION CO. LIMITED Appellant and HER MAJESTY THE QUEEN AS REPRESENTED BY THE MINISTER FOR PUBLIC WORKS Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: OCTOBER 20 , 2004 REASONS FOR JUDGMENT OF THE COURT: (LINDEN, SEXTON, SHARLOW JJ.A.] DELIVERED FROM THE BENCH BY: LINDEN J.A. APPEARANCES: John Susin FOR APPELLANT Company Representative Christopher Parke FOR RESPONDENT SOLICITORS OF RECORD: Company Representative (Non Counsel) FOR APPELLANT Morris Rosenberg FOR RESPONDENT Deputy Attorney General of Canada
Source: decisions.fca-caf.gc.ca