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Federal Court of Appeal· 2008

Canada v. NTA Transport Inc.

2008 FCA 272
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Canada v. NTA Transport Inc. Court (s) Database Federal Court of Appeal Decisions Date 2008-09-18 Neutral citation 2008 FCA 272 File numbers A-19-08 Decision Content Date: 20080918 Docket: A-19-08 Citation: 2008 FCA 272 CORAM: NADON J.A. SEXTON J.A. PELLETIER J.A. BETWEEN: HER MAJESTY THE QUEEN Appellant and NTA TRANSPORT INC. (“Nolan”) et. al., as set out in Schedule “A” (“Owner/Operator”) Respondents Heard at Toronto, Ontario, on September 18, 2008. Judgment delivered from the Bench at Toronto, Ontario, on September 18, 2008. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20080918 Docket: A-19-08 Citation: 2008 FCA 272 CORAM: NADON J.A. SEXTON J.A. PELLETIER J.A. BETWEEN: HER MAJESTY THE QUEEN Appellant and NTA TRANSPORT INC. (“Nolan”) et. al., as set out in Schedule “A” (“Owner/Operator”) Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on September 18, 2008) NADON J.A. [1] We have not been persuaded that Snider J. made any error in concluding that she would not interfere with Prothonotary Milczynski’s order which dismissed the appellant’s motion to remove the respondent NTA Transport Inc. (“Nolan”) as a plaintiff in the proceedings before the Federal Court. [2] The appeal will therefore be dismissed with costs. “M. Nadon” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-19-08 (APPEAL FROM AN ORDER OF THE HONORABLE MADAM JUSTICE SNIDER DATED NOVEMBER 20, 2007 AND MOTION DOCUMENT NO. 17, IN …

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Canada v. NTA Transport Inc.
Court (s) Database
Federal Court of Appeal Decisions
Date
2008-09-18
Neutral citation
2008 FCA 272
File numbers
A-19-08
Decision Content
Date: 20080918
Docket: A-19-08
Citation: 2008 FCA 272
CORAM: NADON J.A.
SEXTON J.A.
PELLETIER J.A.
BETWEEN:
HER MAJESTY THE QUEEN
Appellant
and
NTA TRANSPORT INC. (“Nolan”) et. al., as set out in Schedule “A”
(“Owner/Operator”)
Respondents
Heard at Toronto, Ontario, on September 18, 2008.
Judgment delivered from the Bench at Toronto, Ontario, on September 18, 2008.
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
Date: 20080918
Docket: A-19-08
Citation: 2008 FCA 272
CORAM: NADON J.A.
SEXTON J.A.
PELLETIER J.A.
BETWEEN:
HER MAJESTY THE QUEEN
Appellant
and
NTA TRANSPORT INC. (“Nolan”) et. al., as set out in Schedule “A”
(“Owner/Operator”)
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on September 18, 2008)
NADON J.A.
[1] We have not been persuaded that Snider J. made any error in concluding that she would not interfere with Prothonotary Milczynski’s order which dismissed the appellant’s motion to remove the respondent NTA Transport Inc. (“Nolan”) as a plaintiff in the proceedings before the Federal Court.
[2] The appeal will therefore be dismissed with costs.
“M. Nadon”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-19-08
(APPEAL FROM AN ORDER OF THE HONORABLE MADAM JUSTICE SNIDER DATED NOVEMBER 20, 2007 AND MOTION DOCUMENT NO. 17, IN FEDERAL COURT DOCKET NO. T-2289-05.)
STYLE OF CAUSE: HER MAJESTY THE QUEEN v. NTA
TRANSPORT INC. (“Nolan”) et. al., as set out in
Schedule “A” (“Owner/Operator”)
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: September 18, 2008
REASONS FOR JUDGMENT OF THE COURT BY: (NADON, SEXTON & PELLETIER JJ.A.)
DELIVERED FROM THE BENCH BY: NADON J.A.
APPEARANCES:
Alexander Gay
Agnieszka Zagorska
FOR THE APPELLANT
Israel A. Ludwig
FOR THE RESPONDENTS
SOLICITORS OF RECORD:
John H. Sims, Q.C.
Deputy Attorney General of Canada
Ottawa, Ontario
FOR THE APPELLANT
Duboff Edwards Haight & Schachter LLP
Barristers & Solicitors
Winnipeg, Manitoba
FOR THE RESPONDENTS

Source: decisions.fca-caf.gc.ca

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