Kelly v. Gallagher
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Kelly v. Gallagher Court (s) Database Federal Court of Appeal Decisions Date 2003-02-25 Neutral citation 2003 FCA 101 File numbers A-638-02 Decision Content Date: 20030225 Docket: A-638-02 Neutral citation: 2003 FCA 101 CORAM: STRAYER J.A. ROTHSTEIN J.A. MALONE J.A. BETWEEN: PATRICK MICHAEL KELLY Appellant and MICHAEL GALLAGHER, WARDEN OF WILLIAM HEAD INSTITUTION Respondent Heard at Ottawa, Ontario, on February 25, 2003 Judgment delivered from the Bench at Ottawa, Ontario, on February 25, 2003 REASONS FOR JUDGMENT OF THE COURT BY: MALONE J.A. Date: 20030225 Docket: A-638-02 Neutral citation: 2003 FCA 101 CORAM: STRAYER J.A. ROTHSTEIN J.A. MALONE J.A. BETWEEN: PATRICK MICHAEL KELLY Appellant and MICHAEL GALLAGHER, WARDEN OF WILLIAM HEAD INSTITUTION Respondent REASONS FOR JUDGMENT MALONE J.A. [1] We are all satisfied that the Motions Judge gave sufficient weight to all relevant considerations in her exercise of judicial discretion in refusing the appellant's motion to stay his transfer from the William Head Institution. We note, in particular, the Motions Judge's observation that Mr. Kelly faces the same safety issues at the William Head Institution as those he advanced as grounds for irreparable harm at the Mission Medium Security Institution. [2] This Court can only interfere with the factual findings or inferences of fact as found by the Motions Judge where palpable and overriding errors are demonstrated either in connection with the weighing of evidence or on issues of cred…
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Kelly v. Gallagher Court (s) Database Federal Court of Appeal Decisions Date 2003-02-25 Neutral citation 2003 FCA 101 File numbers A-638-02 Decision Content Date: 20030225 Docket: A-638-02 Neutral citation: 2003 FCA 101 CORAM: STRAYER J.A. ROTHSTEIN J.A. MALONE J.A. BETWEEN: PATRICK MICHAEL KELLY Appellant and MICHAEL GALLAGHER, WARDEN OF WILLIAM HEAD INSTITUTION Respondent Heard at Ottawa, Ontario, on February 25, 2003 Judgment delivered from the Bench at Ottawa, Ontario, on February 25, 2003 REASONS FOR JUDGMENT OF THE COURT BY: MALONE J.A. Date: 20030225 Docket: A-638-02 Neutral citation: 2003 FCA 101 CORAM: STRAYER J.A. ROTHSTEIN J.A. MALONE J.A. BETWEEN: PATRICK MICHAEL KELLY Appellant and MICHAEL GALLAGHER, WARDEN OF WILLIAM HEAD INSTITUTION Respondent REASONS FOR JUDGMENT MALONE J.A. [1] We are all satisfied that the Motions Judge gave sufficient weight to all relevant considerations in her exercise of judicial discretion in refusing the appellant's motion to stay his transfer from the William Head Institution. We note, in particular, the Motions Judge's observation that Mr. Kelly faces the same safety issues at the William Head Institution as those he advanced as grounds for irreparable harm at the Mission Medium Security Institution. [2] This Court can only interfere with the factual findings or inferences of fact as found by the Motions Judge where palpable and overriding errors are demonstrated either in connection with the weighing of evidence or on issues of credibility (see Housen v. Nikolaisen 2002 S.C.C. 33). None have been demonstrated here. Having disposed of the appeal in this way, the issue of mootness need not be dealt with. [3] Notwithstanding the able arguments of appellant's counsel, the appeal will be dismissed with costs in the lump sum amount of $750.00 inclusive of disbursements. "B. Malone" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-638-02 STYLE OF CAUSE: Patrick Michael Kelly v. Michael Gallagher, Warden of William Head Institution PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: February 25, 2003 REASONS FOR JUDGMENT OF THE COURT BY: MALONE J.A. DATED: February 25, 2003 APPEARANCES: Ms. Felicity Hawthorn FOR THE APPELLANT Mr. Jeff Andersen FOR THE RESPONDENT SOLICITORS OF RECORD: Ms. Donna M. Turko FOR THE APPELLANT Vancouver, British Columbia Mr. Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada
Source: decisions.fca-caf.gc.ca