Hutchinson v. Canada (Minister of Environment)
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Hutchinson v. Canada (Minister of Environment) Court (s) Database Federal Court Decisions Date 2001-04-20 Neutral citation 2001 FCT 360 File numbers T-1072-98 Decision Content Date: 20010420 Docket: T-1072-98 Neutral Citation: 2001 FCT 360 Ottawa, Ontario, this 20th day of April, 2001 PRESENT: THE HONOURABLE MR. JUSTICE JOHN A. O'KEEFE BETWEEN: CHARLOTTE HUTCHINSON Applicant - and - HONOURABLE CHRISTINE STEWART in her capacity as Minister of Environment Canada Respondent REASONS FOR ORDER AND ORDER O'KEEFE J. [1] This is a motion by the applicant pursuant to Rules 369 and 397(1)(b) of the Federal Court Rules, 1998, SOR/98-106 for an order that my order in this matter be reconsidered by me so as to address the issue of costs. [2] The Canadian Human Rights Commission also made a motion to be granted leave to intervene in this motion made by the applicant. [3] There has been an appeal of my order by the respondent. [4] The motion is opposed by the respondent. Issue [5] Should the applicant's motion be granted? Analysis and Decision [6] As noted, my order in this matter was appealed by the respondent. The issue now becomes whether I can deal with the matter once an appeal has been filed. Madam Justice Reed in Flexi-Coil Ltd. v. Smith-Roles Ltd. (1985), 4 C.P.R. (3d) 174 (F.C.T.D.) at page 175 stated: There is, however, an additional and overriding reason for rejecting this motion: the December 6, 1984 order is under appeal. Accordingly, in my view, it would be highly improper for…
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Mirrored from decisions.fct-cf.gc.ca — the linked original is authoritative.
Hutchinson v. Canada (Minister of Environment) Court (s) Database Federal Court Decisions Date 2001-04-20 Neutral citation 2001 FCT 360 File numbers T-1072-98 Decision Content Date: 20010420 Docket: T-1072-98 Neutral Citation: 2001 FCT 360 Ottawa, Ontario, this 20th day of April, 2001 PRESENT: THE HONOURABLE MR. JUSTICE JOHN A. O'KEEFE BETWEEN: CHARLOTTE HUTCHINSON Applicant - and - HONOURABLE CHRISTINE STEWART in her capacity as Minister of Environment Canada Respondent REASONS FOR ORDER AND ORDER O'KEEFE J. [1] This is a motion by the applicant pursuant to Rules 369 and 397(1)(b) of the Federal Court Rules, 1998, SOR/98-106 for an order that my order in this matter be reconsidered by me so as to address the issue of costs. [2] The Canadian Human Rights Commission also made a motion to be granted leave to intervene in this motion made by the applicant. [3] There has been an appeal of my order by the respondent. [4] The motion is opposed by the respondent. Issue [5] Should the applicant's motion be granted? Analysis and Decision [6] As noted, my order in this matter was appealed by the respondent. The issue now becomes whether I can deal with the matter once an appeal has been filed. Madam Justice Reed in Flexi-Coil Ltd. v. Smith-Roles Ltd. (1985), 4 C.P.R. (3d) 174 (F.C.T.D.) at page 175 stated: There is, however, an additional and overriding reason for rejecting this motion: the December 6, 1984 order is under appeal. Accordingly, in my view, it would be highly improper for me to attempt to vary that order now, even should I wish to do so. The motion will be dismissed. The defendant should have its costs of this application in any event of the cause. As my order has been appealed, I would therefore adopt the reasoning of Madam Justice Reed and dismiss the applicant's motion which was made on the basis of Rule 397(1)(b) of the Federal Court Rules, 1998, supra. [7] Because of my disposition of the motion, it is not necessary to deal with the motion of the Canadian Human Rights Commission for leave to intervene in the applicant's motion. [8] There shall be no order as to costs of this motion. ORDER [9] IT IS ORDERED that the motion of the applicant is dismissed. [10] AND IT IS ORDERED that there shall be no order as to costs for this motion. "John A. O'Keefe" J.F.C.C. Ottawa, Ontario April 20, 2001
Source: decisions.fct-cf.gc.ca
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