Edgelow v. Canada
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Edgelow v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2004-05-20 Neutral citation 2004 FCA 200 File numbers A-499-03 Decision Content Date: 20040520 Docket: A-499-03 Citation: 2004 FCA 200 CORAM: ROTHSTEIN J.A. NOËL J.A. EVANS J.A. BETWEEN: SCOTT EDGELOW Appellant and THE QUEEN IN RIGHT OF CANADA Respondent Heard at Calgary, Alberta, on May 18, 2004. Judgment delivered at Calgary, Alberta, on May 20, 2004. REASONS FOR JUDGMENT BY: NOËL J.A. CONCURRED IN BY: ROTHSTEIN J.A. EVANS J.A. Date: 20040520 Docket: A-499-03 Citation: 2004 FCA 200 CORAM: ROTHSTEIN J.A. NOËL J.A. EVANS J.A. BETWEEN: SCOTT EDGELOW Appellant and THE QUEEN IN RIGHT OF CANADA Respondent REASONS FOR JUDGMENT NOËLJ.A.. [1] Mr. Edgelow appeals the decision of Blanchard J. who struck out his Statement of Claim on the ground that it did not disclose a reasonable cause of action. [2] Blanchard J. rendered this decision exercising his discretion de novo in the course of an appeal from the earlier decision of Prothonotary Hargrave who had also concluded that Mr. Edgelow's Statement of Claim did not disclose a reasonable cause of action. [3] Mr. Edgelow raised before us the same points and arguments as those which he raised in the earlier instances. Both Blanchard J. and the Prothonotary in the reasons that they gave dealt with these arguments and explained why the action could not be allowed to continue. [4] I can detect no error in this regard. Mr. Edgelow obviously does not accept this result…
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Edgelow v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2004-05-20 Neutral citation 2004 FCA 200 File numbers A-499-03 Decision Content Date: 20040520 Docket: A-499-03 Citation: 2004 FCA 200 CORAM: ROTHSTEIN J.A. NOËL J.A. EVANS J.A. BETWEEN: SCOTT EDGELOW Appellant and THE QUEEN IN RIGHT OF CANADA Respondent Heard at Calgary, Alberta, on May 18, 2004. Judgment delivered at Calgary, Alberta, on May 20, 2004. REASONS FOR JUDGMENT BY: NOËL J.A. CONCURRED IN BY: ROTHSTEIN J.A. EVANS J.A. Date: 20040520 Docket: A-499-03 Citation: 2004 FCA 200 CORAM: ROTHSTEIN J.A. NOËL J.A. EVANS J.A. BETWEEN: SCOTT EDGELOW Appellant and THE QUEEN IN RIGHT OF CANADA Respondent REASONS FOR JUDGMENT NOËLJ.A.. [1] Mr. Edgelow appeals the decision of Blanchard J. who struck out his Statement of Claim on the ground that it did not disclose a reasonable cause of action. [2] Blanchard J. rendered this decision exercising his discretion de novo in the course of an appeal from the earlier decision of Prothonotary Hargrave who had also concluded that Mr. Edgelow's Statement of Claim did not disclose a reasonable cause of action. [3] Mr. Edgelow raised before us the same points and arguments as those which he raised in the earlier instances. Both Blanchard J. and the Prothonotary in the reasons that they gave dealt with these arguments and explained why the action could not be allowed to continue. [4] I can detect no error in this regard. Mr. Edgelow obviously does not accept this result. However, I can do no better than reiterate the reasons already given. [5] I would dismiss the appeal with costs "Marc Noël" J. A. "I agree Marshall Rothstein J.A." "I agree Marc Noël J.A." FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-499-03 STYLE OF CAUSE: Scott Edgelow v. The Queen In Right of Canada PLACE OF HEARING: Calgary, Alberta DATE OF HEARING: May 18, 2004 REASONS FOR JUDGMENT BY: NOËL J.A. CONCURRED IN BY: ROTHSTEIN J.A. NOËL J.A. APPEARANCES: Mr. Scott Edgelow FOR THE APPELLANT (Acting on His Own Behalf) Ms. Camille Audain FOR THE RESPONDENT SOLICITORS OF RECORD: Mr. Scott Edgelow Calgary, Alberta FOR THE APPELLANT (Acting on His Own Behalf) Morris A. Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada
Source: decisions.fca-caf.gc.ca