Canada v. John Doe

Canada v. John Doe
Court (s) Database
Federal Court of Appeal Decisions
Date
2019-01-09
Neutral citation
2019 FCA 8
File numbers
A-99-18
Decision Content
Date: 20190109
Docket: A-99-18
Citation: 2019 FCA 8
CORAM:
GAUTHIER J.A.
RENNIE J.A.
GLEASON J.A.
BETWEEN:
HER MAJESTY THE QUEEN
Appellant
and
JOHN DOE, SUZIE JONES,
and PENNY KOZMENSKI
Respondents
Heard at Ottawa, Ontario, on January 9, 2019.
Judgment delivered from the Bench at Ottawa, Ontario, on January 9, 2019.
REASONS FOR JUDGMENT OF THE COURT BY:
GLEASON J.A.
Date: 20190109
Docket: A-99-18
Citation: 2019 FCA 8
CORAM:
GAUTHIER J.A.
RENNIE J.A.
GLEASON J.A.
BETWEEN:
HER MAJESTY THE QUEEN
Appellant
and
JOHN DOE, SUZIE JONES,
and PENNY KOZMENSKI
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on January 9, 2019).
GLEASON J.A.
[1] This appeal must be dismissed because the appellant already appealed the certification order that certified as a common question the issue of whether an aggregate assessment of damages is available. The appellant had the opportunity during that first appeal to seek the relief it now seeks, but did not do so. Therefore, the portion of the certification order dealing with the aggregate assessment of damages as a common question (i.e. that part of paragraph 8 in the certification order that follows the heading “With Respect to Damages” at paragraphs a) and b) of page 69 of the Record) is final.
[2] If there was an ambiguity in the earlier judgment of this Court, a matter we express no opinion on, it was incumbent on the appellant to have moved in a timely fashion before this Court under Rule 397 of the Federal Courts Rules, SOR/98-106.
[3] This appeal will accordingly be dismissed. That said, in light of the question certified, it will still be open to the appellant to make before the common questions judge the same arguments as advanced before us as to the propriety of an aggregate assessment of damages in respect of the causes of action that remain.
“Mary J.L. Gleason”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET:
A-99-18
STYLE OF CAUSE:
HER MAJESTY THE QUEEN v. JOHN DOE, SUZIE JONES, and PENNY KOZMENSKI
PLACE OF HEARING:
Ottawa, Ontario
DATE OF HEARING:
January 9, 2019
REASONS FOR JUDGMENT OF THE COURT BY:
GAUTHIER J.A.
RENNIE J.A.
GLEASON J.A.
DELIVERED FROM THE BENCH BY:
GLEASON J.A.
APPEARANCES:
Catharine Moore
Jyll Hansen
For The Appellant
Theodore P. Charney
Tina Yang
For The Respondents
SOLICITORS OF RECORD:
Nathalie G. Drouin
Deputy Attorney General of Canada
For The Appellant
Charney Lawyers
Toronto, Ontario
For The Respondents