Byer v. Canada
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Byer v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2002-11-08 Neutral citation 2002 FCA 430 File numbers A-249-02 Decision Content Date: 20021108 Docket: A-249-02 Neutral citation: 2002 FCA 430 CORAM: DÉCARY J.A. NADON J.A. MALONE J.A. BETWEEN: STEPHEN M. BYER Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent Heard at Ottawa, Ontario, on November 5, 2002. Judgment rendered at Ottawa, Ontario, on November 8, 2002. REASONS FOR JUDGMENT BY: DÉCARY J.A. CONCURRED IN BY: NADON J.A. MALONE J.A. Date: 20021108 Docket: A-249-02 Neutral citation: 2002 FCA 430 CORAM: DÉCARY J.A. NADON J.A. MALONE J.A. BETWEEN: STEPHEN M. BYER Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent REASONS FOR JUDGMENT DÉCARY J.A. [1] This is an appeal from an Order made by Madam Justice Tremblay-Lamer on May 7, 2002 whereby she granted the respondent's motion to quash the appellant's statement of claim on the basis that no reasonable cause of action for the claim of $13,250,000.00, plus punitive damages, was disclosed. The reasons for judgment are cited as 2002 FCT 518 and reported at [2002] F.C.J. No. 672. [2] We fully agree with the learned Motions Judge that the respondent's alleged failure to follow the Treasury Board Secretariat's "Policy on Claims and Ex Gratia Payments" was not in and by itself sufficient to engage Her liability. [3] The appeal should be dismissed with costs. In the circumstances, considering particularly the amount claimed and the…
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Byer v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2002-11-08 Neutral citation 2002 FCA 430 File numbers A-249-02 Decision Content Date: 20021108 Docket: A-249-02 Neutral citation: 2002 FCA 430 CORAM: DÉCARY J.A. NADON J.A. MALONE J.A. BETWEEN: STEPHEN M. BYER Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent Heard at Ottawa, Ontario, on November 5, 2002. Judgment rendered at Ottawa, Ontario, on November 8, 2002. REASONS FOR JUDGMENT BY: DÉCARY J.A. CONCURRED IN BY: NADON J.A. MALONE J.A. Date: 20021108 Docket: A-249-02 Neutral citation: 2002 FCA 430 CORAM: DÉCARY J.A. NADON J.A. MALONE J.A. BETWEEN: STEPHEN M. BYER Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent REASONS FOR JUDGMENT DÉCARY J.A. [1] This is an appeal from an Order made by Madam Justice Tremblay-Lamer on May 7, 2002 whereby she granted the respondent's motion to quash the appellant's statement of claim on the basis that no reasonable cause of action for the claim of $13,250,000.00, plus punitive damages, was disclosed. The reasons for judgment are cited as 2002 FCT 518 and reported at [2002] F.C.J. No. 672. [2] We fully agree with the learned Motions Judge that the respondent's alleged failure to follow the Treasury Board Secretariat's "Policy on Claims and Ex Gratia Payments" was not in and by itself sufficient to engage Her liability. [3] The appeal should be dismissed with costs. In the circumstances, considering particularly the amount claimed and the futility of the appeal, the Court is of the view that costs should be assessed at the upper end of Column III of Tariff B and that a lump sum of $3,000.00, inclusive of disbursements, should be paid in lieu of assessed costs by the appellant to the respondent. "Robert Décary" J.A. "I agree. M. Nadon, J.A." "I agree. B. Malone, J.A." FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-249-02 STYLE OF CAUSE: Stephen M. Byer v. Her Majesty the Queen in Right of Canada PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: November 5, 2002 REASONS FOR JUDGMENT BY: Décary J.A. CONCURRED IN BY: Nadon J.A. Malone J.A. DATED: November 8, 2002 APPEARANCES: Mr. Stephen M. Byer ON HIS OWN BEHALF Mr. Daniel Latulippe FOR THE RESPONDENT SOLICITORS OF RECORD: Mr. Stephen M. Byer Verdun, Quebec ON HIS OWN BEHALF Mr. Morris Rosenberg Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca