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Federal Court of Appeal· 2009

Friends of the Earth v. Canada (Environment)

2009 FCA 297
AdministrativeJD
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Friends of the Earth v. Canada (Environment) Court (s) Database Federal Court of Appeal Decisions Date 2009-10-15 Neutral citation 2009 FCA 297 File numbers A-572-08 Decision Content Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20091015 Docket: A-572-08 Citation: 2009 FCA 297 CORAM: NADON J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: FRIENDS OF THE EARTH – LES AMI(E)S DE LA TERRE Appellant and THE MINISTER OF THE ENVIRONMENT and THE GOVERNOR IN COUNCIL Respondents Heard at Toronto, Ontario, on October 15, 2009. Judgment delivered from the Bench at Toronto, Ontario, on October 15, 2009. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20091015 Docket: A-572-08 Citation: 2009 FCA 297 CORAM: NADON J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: FRIENDS OF THE EARTH – LES AMI(E)S DE LA TERRE Appellant and THE MINISTER OF THE ENVIRONMENT and THE GOVERNOR IN COUNCIL Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on October 15, 2009) SHARLOW J.A. [1] This is an appeal from the judgment of Justice Barnes (2008 FC 1183) dismissing three applications for judicial review seeking declaratory and mandatory relief in connection with a succession of alleged breaches of duties said to arise under the Kyoto Protocol Implementation Act, 2007, c. 30. We agree with the decision of Justice Barnes, substantially for the reasons he gave. For that reason, this appeal will be dismissed with costs. "K. Sharlow" J.A. FEDERAL COURT OF APPEAL NAMES OF C…

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Friends of the Earth v. Canada (Environment)
Court (s) Database
Federal Court of Appeal Decisions
Date
2009-10-15
Neutral citation
2009 FCA 297
File numbers
A-572-08
Decision Content
Federal Court of Appeal
CANADA
Cour d'appel fédérale
Date: 20091015
Docket: A-572-08
Citation: 2009 FCA 297
CORAM: NADON J.A.
SEXTON J.A.
SHARLOW J.A.
BETWEEN:
FRIENDS OF THE EARTH – LES AMI(E)S DE LA TERRE
Appellant
and
THE MINISTER OF THE ENVIRONMENT and
THE GOVERNOR IN COUNCIL
Respondents
Heard at Toronto, Ontario, on October 15, 2009.
Judgment delivered from the Bench at Toronto, Ontario, on October 15, 2009.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Date: 20091015
Docket: A-572-08
Citation: 2009 FCA 297
CORAM: NADON J.A.
SEXTON J.A.
SHARLOW J.A.
BETWEEN:
FRIENDS OF THE EARTH – LES AMI(E)S DE LA TERRE
Appellant
and
THE MINISTER OF THE ENVIRONMENT and
THE GOVERNOR IN COUNCIL
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on October 15, 2009)
SHARLOW J.A.
[1] This is an appeal from the judgment of Justice Barnes (2008 FC 1183) dismissing three applications for judicial review seeking declaratory and mandatory relief in connection with a succession of alleged breaches of duties said to arise under the Kyoto Protocol Implementation Act, 2007, c. 30. We agree with the decision of Justice Barnes, substantially for the reasons he gave. For that reason, this appeal will be dismissed with costs.
"K. Sharlow"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-572-08
AN APPEAL FROM THE ORDER OF MR. JUSTICE BARNES OF THE FEDERAL COURT IN FILE NO. T-2013-07, DATED OCTOBER 20, 2008
STYLE OF CAUSE: FRIENDS OF THE EARTH- LES AMI(ES) DE LA TERRE v.
THE MINISTER OF ENVIRONMENT and THE GOVERNOR IN COUNCIL
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: October 15, 2009
REASONS FOR JUDGMENT OF THE COURT BY: (NADON, SEXTON & SHARLOW JJ.A.)
DELIVERED FROM THE BENCH BY: SHARLOW J.A.
APPEARANCES:
Chris G. Paliare
Andrew W. Lokan
Hugh Wilkins
FOR THE APPLICANT
Peter Southey
Andrea Bourke
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Paliare Roland Rosenberg Rothstein LLP
Barristers & Solicitors
Toronto, Ontario
Ecojustice Canada
Toronto, Ontario
FOR THE APPLICANT
John H. Sims, Q.C.
Deputy Attorney General of Canada
Toronto, Ontario
FOR THE RESPONDENT

Source: decisions.fca-caf.gc.ca

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