Coady v. Canada (Public Prosecutions)
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Coady v. Canada (Public Prosecutions) Court (s) Database Federal Court of Appeal Decisions Date 2009-12-08 Neutral citation 2009 FCA 360 File numbers A-478-08 Decision Content Date: 20091208 Docket: A-478-08 Citation: 2009 FCA 360 CORAM: BLAIS C.J. NADON J.A. TRUDEL J.A. BETWEEN: MARTHA COADY Appellant and THE DIRECTOR OF PUBLIC PROSECUTIONS, THE ROYAL CANADIAN MOUNTED POLICE AS REPRESENTED BY THE DEPUTY COMMISSIONER OF THE RCMP and THE ATTORNEY GENERAL FOR ONTARIO Respondents Heard at Ottawa, Ontario, on December 8, 2009. Judgment delivered from the Bench at Ottawa, Ontario, on December 8, 2009. REASONS FOR JUDGMENT OF THE COURT BY: BLAIS C.J. Date: 20091208 Docket: A-478-08 Citation: 2009 FCA 360 CORAM: BLAIS C.J. NADON J.A. TRUDEL J.A. BETWEEN: MARTHA COADY Appellant and THE DIRECTOR OF PUBLIC PROSECUTIONS, THE ROYAL CANADIAN MOUNTED POLICE AS REPRESENTED BY THE DEPUTY COMMISSIONER OF THE RCMP and THE ATTORNEY GENERAL FOR ONTARIO Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on December 8, 2009) BLAIS C.J. [1] While the motions judge erred in his determination of the test for the granting of an order under rule 377(1), it had no impact on the final outcome. By any measure, the appellant was not able to demonstrate even on the basis of the less onerous criteria, that there was a serious issue to be tried. [2] As the error had no incidence on the ultimate decision, the appeal will be dismissed with costs established at $985. “Pie…
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Coady v. Canada (Public Prosecutions) Court (s) Database Federal Court of Appeal Decisions Date 2009-12-08 Neutral citation 2009 FCA 360 File numbers A-478-08 Decision Content Date: 20091208 Docket: A-478-08 Citation: 2009 FCA 360 CORAM: BLAIS C.J. NADON J.A. TRUDEL J.A. BETWEEN: MARTHA COADY Appellant and THE DIRECTOR OF PUBLIC PROSECUTIONS, THE ROYAL CANADIAN MOUNTED POLICE AS REPRESENTED BY THE DEPUTY COMMISSIONER OF THE RCMP and THE ATTORNEY GENERAL FOR ONTARIO Respondents Heard at Ottawa, Ontario, on December 8, 2009. Judgment delivered from the Bench at Ottawa, Ontario, on December 8, 2009. REASONS FOR JUDGMENT OF THE COURT BY: BLAIS C.J. Date: 20091208 Docket: A-478-08 Citation: 2009 FCA 360 CORAM: BLAIS C.J. NADON J.A. TRUDEL J.A. BETWEEN: MARTHA COADY Appellant and THE DIRECTOR OF PUBLIC PROSECUTIONS, THE ROYAL CANADIAN MOUNTED POLICE AS REPRESENTED BY THE DEPUTY COMMISSIONER OF THE RCMP and THE ATTORNEY GENERAL FOR ONTARIO Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on December 8, 2009) BLAIS C.J. [1] While the motions judge erred in his determination of the test for the granting of an order under rule 377(1), it had no impact on the final outcome. By any measure, the appellant was not able to demonstrate even on the basis of the less onerous criteria, that there was a serious issue to be tried. [2] As the error had no incidence on the ultimate decision, the appeal will be dismissed with costs established at $985. “Pierre Blais” Chief Justice FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-478-08 appeal from an order of Mr. Justice Martineau, FEDERAL cOURT, September 22, 2008 (T-268-08) STYLE OF CAUSE: Martha Coady v.The Director of Public Prosecutions, The Royal Canadian Mounted Police as represented by the Deputy Commissioner of the RCMP and the Attorney General for Ontario PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: December 8, 2009 REASONS FOR JUDGMENT OF THE COURT BY: BLAIS C.J., NADON, TRUDEL JJ.A. DELIVERED FROM THE BENCH BY: BLAIS C.J. APPEARANCES: Self represented FOR THE APPELLANT Alexandre Kaufman For the respondents (The Director of Public Prosecutions, The Royal Canadian Mounted Police) SOLICITORS OF RECORD: N/A FOR THE APPELLANT John H. Sims, Q.C. Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENTS (The Director of Public Prosecutions, The Royal Canadian Mounted Police)
Source: decisions.fca-caf.gc.ca