Dennis v. Canada

Dennis v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2014-10-15
Neutral citation
2014 FCA 232
File numbers
A-436-13
Decision Content
Date: 20141015
Docket: A-436-13
Citation: 2014 FCA 232
CORAM:
NADON J.A.
GAUTHIER J.A.
WEBB J.A.
BETWEEN:
EDWARD ANDREW DENNIS, HAROLD BELL, NATHAN VICTOR MACKLIN AND IAN LORNE MACCREARY
Appellants
and
HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA, AS REPRESENTED BY THE ATTORNEY GENERAL OF CANADA, HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA, AS REPRESENTED BY THE MINISTER OF AGRICULTURE AND AGRIFOOD AND THE CANADIAN WHEAT BOARD
Respondents
Heard at Ottawa, Ontario, on October 15, 2014.
Judgment delivered from the Bench at Ottawa, Ontario, on October 15, 2014.
REASONS FOR JUDGMENT OF THE COURT BY:
NADON J.A.
Date: 20141015
Docket: A-436-13
Citation: 2014 FCA 232
CORAM:
NADON J.A.
GAUTHIER J.A.
WEBB J.A.
BETWEEN:
EDWARD ANDREW DENNIS, HAROLD BELL, NATHAN VICTOR MACKLIN AND IAN LORNE MACCREARY
Appellants
and
HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA, AS REPRESENTED BY THE ATTORNEY GENERAL OF CANADA, HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA, AS REPRESENTED BY THE MINISTER OF AGRICULTURE AND AGRIFOOD AND THE CANADIAN WHEAT BOARD
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on October 15, 2014).
NADON J.A.
[1] Despite Mr. Shrybman’s forcefull submissions, we are of the view, substantially for the reasons given by Madam Justice Tremblay-Lamer in her decision of November 29, 2013, that the appellants’ claims for expropriation and breach of trust, the only claims pursued by the appellants in their appeal, should be struck.
[2] As concerns the cross-appeal, we have not been persuaded that we should interfere with the judge’s conclusion that the mismanagement claims should not be struck.
[3] For these reasons, the appeal and the cross-appeal will be dismissed with costs.
"M Nadon"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Docket:
A-436-13
STYLE OF CAUSE:
EDWARD ANDREW DENNIS, HAROLD BELL, NATHAN VICTOR MACKLIN AND IAN LORNE MACCREARY v. HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA, AS REPRESENTED BY THE ATTORNEY GENERAL OF CANADA, HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA, AS REPRESENTED BY THE MINISTER OF AGRICULTURE AND AGRIFOOD AND THE CANADIAN WHEAT BOARD
PLACE OF HEARING:
Ottawa, Ontario
DATE OF HEARING:
October 15, 2014
REASONS FOR JUDGMENT OF THE COURT BY:
NADON J.A.
GAUTHIER J.A.
WEBB J.A.
DELIVERED FROM THE BENCH BY:
NADON J.A.
APPEARANCES:
Steven Shrybman
Ben Piper
Anders Bruun
For The Appellants
Mark Kindrachuk
Jennifer Souter
For The Respondents
Lawrence Thacker
For The Respondents
SOLICITORS OF RECORD:
SACK GOLDBLATT MITCHELL LLP
Ottawa, Ontario
For The Appellants
William F. Pentney
Deputy Attorney General of Canada
Ottawa, Ontario
For The Respondents
LENCZNER SLAGHT ROYCE SMITH GRIFFIN LLP
Toronto, Ontario
For The Respondents