Canada v. Dickson

Canada v. Dickson
Court (s) Database
Federal Court of Appeal Decisions
Date
2017-09-25
Neutral citation
2017 FCA 198
File numbers
A-273-16
Decision Content
Date: 20170925
Docket: A-273-16
Citation: 2017 FCA 198
CORAM:
NADON J.A.
GAUTHIER J.A.
TRUDEL J.A.
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
LISE OUELLETTE
RONALD JEAN-LÉGER
DENIS BEAUSOLEIL
VLADIMIR DESRIVEAUX
STAN LOACH
RCMP OFFICERS JANE AND JOHN DOE
Appellants
and
ROBBIE DICKSON
RAINBOW TOBACCO G.P.
Respondents
Heard at Montréal, Quebec, on September 25, 2017.
Judgment delivered from the Bench at Montréal, Quebec, on September 25, 2017.
REASONS FOR JUDGMENT OF THE COURT BY:
NADON J.A.
Date: 20170925
Docket: A-273-16
Citation: 2017 FCA 198
CORAM:
NADON J.A.
GAUTHIER J.A.
TRUDEL J.A.
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
LISE OUELLETTE
RONALD JEAN-LÉGER
DENIS BEAUSOLEIL
VLADIMIR DESRIVEAUX
STAN LOACH
RCMP OFFICERS JANE AND JOHN DOE
Appellants
and
ROBBIE DICKSON
RAINBOW TOBACCO G.P.
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montréal, Quebec, on September 25, 2017)
NADON J.A.
[1] Notwithstanding Mr. Wilner’s excellent arguments, we have not been persuaded that we should interfere with the judgment of the Federal Court dated July 10, 2016 (per Roussel J., 2016 FC 836).
[2] Although we are not prepared to totally endorse the Judge’s reasons, we are nonetheless satisfied, for the reasons given by the Judge, that the respondents’ action against the individual appellants is not bereft of any possibility of success. Whether or not the respondents can succeed on the merits against the individual appellants is obviously a different question which the trial judge will have to decide in the light of the record before him or her. In the context of the evidence that will be adduced at the trial, we recognize the possibility that the Judge could conclude that the Court is without jurisdiction as far as the individual appellants are concerned.
[3] However, at this point in time, we are not convinced that the respondents’ case is not arguable.
[4] Consequently, the appeal will be dismissed with costs.
"M Nadon"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET:
A-273-16
STYLE OF CAUSE:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA, LISE OUELLETTE, RONALD JEAN-LÉGER, DENIS BEAUSOLEIL, VLADIMIR DESRIVEAUX, STAN LOACH, RCMP OFFICERS JANE AND JOHN DOE v. ROBBIE DICKSON, RAINBOW TOBACCO G.P.
PLACE OF HEARING:
Montréal, Quebec
DATE OF HEARING:
September 25, 2017
REASONS FOR JUDGMENT OF THE COURT BY:
NADON J.A.
GAUTHIER J.A.
TRUDEL J.A.
DELIVERED FROM THE BENCH BY:
NADON J.A.
APPEARANCES:
Joshua Wilner
Éric Lafrenière
For The AppellantS
Julian N. Falconer
Marc E. Gibson
For The Respondents
SOLICITORS OF RECORD:
Nathalie G. Drouin
Deputy Attorney General of Canada
Ottawa, Ontario
For The AppellantS
FALCONERS LLP
Toronto, Ontario
For The Respondents