McIlroy v. Canada (Attorney General)
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McIlroy v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2011-12-14 Neutral citation 2011 FCA 353 File numbers A-112-11 Decision Content Federal Court of Appeal Cour d'appel fédérale Date: 20111214 Docket: A-112-11 Citation: 2011 FCA 353 CORAM: NOËL J.A. DAWSON J.A. TRUDEL J.A. BETWEEN: LIEUTENANT-COLONEL R. D. McILROY Appellant and ATTORNEY GENERAL OF CANADA Respondent Heard at Toronto, Ontario, on December 14, 2011. Judgment delivered from the Bench at Toronto, Ontario, on December 14, 2011. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Federal Court of Appeal Cour d'appel fédérale Date: 20111214 Docket: A-112-11 Citation: 2011 FCA 353 CORAM: NOËL J.A. DAWSON J.A. TRUDEL J.A. BETWEEN: LIEUTENANT-COLONEL R. D. McILROY Appellant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on December 14, 2011) NOËL J.A. [1] Substantially for the reasons given by Simpson J. of the Federal Court, we agree that the Chief of Defence Staff’s decision removing the appellant from command was reasonable. [2] As to procedural fairness, we agree with Simpson J., for the reasons that she gave, that no meaningful breach was identified. [3] Finally, it was open to Simpson J. to strike the Alden Affidavit given the nature of its contents. [4] The appeal will be dismissed with costs to the respondent. “Marc Noël” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET:…
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McIlroy v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2011-12-14 Neutral citation 2011 FCA 353 File numbers A-112-11 Decision Content Federal Court of Appeal Cour d'appel fédérale Date: 20111214 Docket: A-112-11 Citation: 2011 FCA 353 CORAM: NOËL J.A. DAWSON J.A. TRUDEL J.A. BETWEEN: LIEUTENANT-COLONEL R. D. McILROY Appellant and ATTORNEY GENERAL OF CANADA Respondent Heard at Toronto, Ontario, on December 14, 2011. Judgment delivered from the Bench at Toronto, Ontario, on December 14, 2011. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Federal Court of Appeal Cour d'appel fédérale Date: 20111214 Docket: A-112-11 Citation: 2011 FCA 353 CORAM: NOËL J.A. DAWSON J.A. TRUDEL J.A. BETWEEN: LIEUTENANT-COLONEL R. D. McILROY Appellant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on December 14, 2011) NOËL J.A. [1] Substantially for the reasons given by Simpson J. of the Federal Court, we agree that the Chief of Defence Staff’s decision removing the appellant from command was reasonable. [2] As to procedural fairness, we agree with Simpson J., for the reasons that she gave, that no meaningful breach was identified. [3] Finally, it was open to Simpson J. to strike the Alden Affidavit given the nature of its contents. [4] The appeal will be dismissed with costs to the respondent. “Marc Noël” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-112-11 APPEAL FROM THE JUDGMENT OF THE HONOURABLE MADAM JUSTICE SIMPSON OF THE FEDERAL COURT DATED FEBRUARY 9, 2011, IN DOCKET NO. T-369-09. STYLE OF CAUSE: LIEUTENANT-COLONEL R. D. McILROY v. ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: December 14, 2011 REASONS FOR JUDGMENT OF THE COURT BY: (NOËL, DAWSON & TRUDEL JJ.A.) DELIVERED FROM THE BENCH BY: NOËL J.A. APPEARANCES: Lloyd Hoffer FOR THE APPELLANT Jacqueline Dais-Visca FOR THE RESPONDENT SOLICITORS OF RECORD: HOFFER ADLER LLP Barristers & Solicitors Toronto, Ontario FOR THE APPELLANT Myles J. Kirvan Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca
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