AGC v. Siemens Canada Ltd.
Court headnote
AGC v. Siemens Canada Ltd. Court (s) Database Federal Court of Appeal Decisions Date 2002-10-24 Neutral citation 2002 FCA 414 File numbers A-700-01 Decision Content Date: 20021024 Docket: A-700-01 Neutral citation: 2002 FCA 414 CORAM: LINDEN J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA representing THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA Appellant (Respondent) - and - SIEMENS CANADA LIMITED Respondent (Applicant) Heard at Toronto, Ontario, on Thursday, October 24, 2002. Judgment delivered at Toronto, Ontario, on Thursday, October 24, 2002. REASONS FOR JUDGMENT FOR THE COURT: SEXTON J.A. Date: 20021024 Docket: A-700-01 Neutral citation: 2002 FCA 414 CORAM: LINDEN J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA representing THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA Appellant (Respondent) - and - SIEMENS CANADA LIMITED Respondent (Applicant) REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Thursday, October 24, 2002) SEXTON J.A. [1] We are not persuaded that the Motions Judge had no jurisdiction to decide as he did on the basis of Section 30 of the Defence Production Act. Counsel for the Crown concedes that Section 44 of the Access to Information Act was not argued before the Motions Judge and for the first time on appeal argues that Section 44 limits the jurisdiction of the Court such that Section 24 cannot be invoked by the party seeking to prevent disclosure.…
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AGC v. Siemens Canada Ltd. Court (s) Database Federal Court of Appeal Decisions Date 2002-10-24 Neutral citation 2002 FCA 414 File numbers A-700-01 Decision Content Date: 20021024 Docket: A-700-01 Neutral citation: 2002 FCA 414 CORAM: LINDEN J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA representing THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA Appellant (Respondent) - and - SIEMENS CANADA LIMITED Respondent (Applicant) Heard at Toronto, Ontario, on Thursday, October 24, 2002. Judgment delivered at Toronto, Ontario, on Thursday, October 24, 2002. REASONS FOR JUDGMENT FOR THE COURT: SEXTON J.A. Date: 20021024 Docket: A-700-01 Neutral citation: 2002 FCA 414 CORAM: LINDEN J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA representing THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA Appellant (Respondent) - and - SIEMENS CANADA LIMITED Respondent (Applicant) REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Thursday, October 24, 2002) SEXTON J.A. [1] We are not persuaded that the Motions Judge had no jurisdiction to decide as he did on the basis of Section 30 of the Defence Production Act. Counsel for the Crown concedes that Section 44 of the Access to Information Act was not argued before the Motions Judge and for the first time on appeal argues that Section 44 limits the jurisdiction of the Court such that Section 24 cannot be invoked by the party seeking to prevent disclosure. We are unable to interpret Section 44 in this way. We also agree with the Motions Judge that the information in question here was obtained under or by virtue of the Defence Protection Act. The appeal will be dismissed with costs fixed at $3,000.00. "J. E. Sexton" J.A. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-700-01 STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA representing THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA Appellant (Respondent) - and - SIEMENS CANADA LIMITED Respondent (Applicant) DATE OF HEARING: THURSDAY, OCTOBER 24, 2002 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY: SEXTON J.A. DATED: THURSDAY, OCTOBER 24, 2002 DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON THURSDAY, OCTOBER 24, 2002. APPEARANCES BY: Ms. Liz Tinker For the Appellant (Respondent) Ms. Michele Ballagh For the Respondent (Applicant) SOLICITORS OF RECORD:Morris Rosenberg Deputy Attorney General of Canada For the Appellant (Respondent) Gowling Lafleur Henderson Barristers & Solicitors Suite 560, 120 King Street West Hamilton, Ontario L8P 4V2 For the Respondent (Applicant) FEDERAL COURT OF APPEAL Date: 20021024 Docket: A-700-01 BETWEEN: THE ATTORNEY GENERAL OF CANADA representing THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA Appellant (Respondent) - and - SIEMENS CANADA LIMITED Respondent (Applicant) REASONS FOR JUDGMENT OF THE COURT
Source: decisions.fca-caf.gc.ca