Stubicar v. Canada

Stubicar v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2013-10-08
Neutral citation
2013 FCA 239
File numbers
A-531-12
Decision Content
Date: 20131008
Docket:
A-531-12
Citation: 2013 FCA 239
CORAM:
NOËL J.A.
GAUTHIER J.A.
WEBB J.A.
BETWEEN:
Vlasta STUBICAR
Appellant
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Respondent
Heard at Ottawa, Ontario, on October 8, 2013.
Judgment delivered from the Bench at Ottawa, Ontario, on October 8, 2013.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20131008
Docket:
A-531-12
Citation: 2013 FCA 239
CORAM:
NOËL J.A.
GAUTHIER J.A.
WEBB J.A.
BETWEEN:
Vlasta STUBICAR
Appellant
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on October 8, 2013.)
NOËL J.A.
[1] This is an appeal from a judgment of Gagné J. of the Federal Court (the Federal Court judge) granting a motion for summary judgment under section 213 of the Federal Courts Rules, SOR/98-106, and dismissing Ms Vlasta Stubicar’s (the appellant) action, on the ground that it is statute-barred pursuant to section 106 of the Customs Act, R.S.C. 1985, c. 1 (2nd Supp.) and that it otherwise raises no genuine issue for trial.
[2] The appellant is obviously troubled by nefarious scenarios which are based on speculation. The reason why she wishes to be authorized to pursue her action is the hope that she may be able to extract from the other side evidence validating her scenarios. It goes without saying that an action that is based on speculation should not be allowed to proceed.
[3] Considering the allegations set out in the Amended Statement of Claim, the evidence and the appellant’s arguments, we can detect no reviewable error in the decision of the Federal Court judge to bring this matter to an end. In our view, granting summary judgment was appropriate in this case.
[4] The appeal will be dismissed with costs.
“Marc Noël”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Docket:
A-531-12
APPEAL FROM A JUDGMENT OF HONOURABLE MADAM JUSTICE GAGNÉ OF THE FEDERAL COURT OF CANADA DATED NOVEMBER 29, 2012, DOCKET NO.
T-2102-10.
DOCKET:
A-531-12
STYLE OF CAUSE:
Vlasta STUBICAR v. HER MAJESTY THE QUEEN IN RIGHT OF CANADA
PLACE OF HEARING:
Ottawa, Ontario
DATE OF HEARING:
October 8, 2013
REASONS FOR JUDGMENT OF THE COURT BY:
NOËL J.A.
GAUTHIER J.A.
WEBB J.A.
DELIVERED FROM THE BENCH BY:
NOËL J.A.
APPEARANCES:
Vlasta Stubicar
For The Appellant
(on her own behalf)
Max Binnie
For The Respondent
SOLICITORS OF RECORD:
William F. Pentney
Deputy Attorney General of Canada
For The Respondent