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Federal Court of Appeal· 2003

Szebenyi v. Canada

2003 FCA 424
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Szebenyi v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2003-11-12 Neutral citation 2003 FCA 424 File numbers A-564-02 Decision Content Date: 20031113 Docket: A-564-02 Citation: 2003 FCA 424 CORAM: STRAYER J.A. SHARLOW J.A. MALONE J.A. BETWEEN: ISTVAN SZEBENYI JR. GIZELLA SZEBENYI Appellants and HER MAJESTY THE QUEEN Respondent Heard at Toronto, Ontario, on November 12th, 2003. Judgment delivered from the Bench at Toronto, Ontario, on November 12th, 2003. REASONS FOR JUDGMENT OF THE COURT BY: STRAYER J.A. Date: 20031113 Docket: A-564-02 Citation: 2003 FCA 424 CORAM: STRAYER J.A. SHARLOW J.A. MALONE J.A. BETWEEN: ISTVAN SZEBENYI JR. GIZELLA SZEBENYI Appellants and HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT (Delivered from the Bench at Toronto, Ontario, on November 12th, 2003) STRAYER J.A. [1] The appellants appeal against a decision of the Federal Court of September 27, 2002, in which Beaudry J. dismissed an application for reconsideration of his own decision of August 19, 2002 which in turn dismissed an appeal from a decision of Prothonotary Lafrenière dated July 24, 2002. The learned Prothonotary had dismissed the motion for Gizella Szebenyi to be represented by her son in her action against the respondent. [2] The appellants did not appeal the decision of Beaudry J. Of August 15, 2002. Instead they applied to him for reconsideration of that decision. They have shown no basis upon which the order could or should have been reconsidered by Beaud…

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Szebenyi v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2003-11-12
Neutral citation
2003 FCA 424
File numbers
A-564-02
Decision Content
Date: 20031113
Docket: A-564-02
Citation: 2003 FCA 424
CORAM: STRAYER J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
ISTVAN SZEBENYI JR.
GIZELLA SZEBENYI
Appellants
and
HER MAJESTY THE QUEEN
Respondent
Heard at Toronto, Ontario, on November 12th, 2003.
Judgment delivered from the Bench at Toronto, Ontario, on November 12th, 2003.
REASONS FOR JUDGMENT OF THE COURT BY: STRAYER J.A.
Date: 20031113
Docket: A-564-02
Citation: 2003 FCA 424
CORAM: STRAYER J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
ISTVAN SZEBENYI JR.
GIZELLA SZEBENYI
Appellants
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario, on November 12th, 2003)
STRAYER J.A.
[1] The appellants appeal against a decision of the Federal Court of September 27, 2002, in which Beaudry J. dismissed an application for reconsideration of his own decision of August 19, 2002 which in turn dismissed an appeal from a decision of Prothonotary Lafrenière dated July 24, 2002. The learned Prothonotary had dismissed the motion for Gizella Szebenyi to be represented by her son in her action against the respondent.
[2] The appellants did not appeal the decision of Beaudry J. Of August 15, 2002. Instead they applied to him for reconsideration of that decision. They have shown no basis upon which the order could or should have been reconsidered by Beaudry J. when he rendered his decision dismissing the application for reconsideration. Therefore this appeal must be dismissed with costs in this appeal of $1000.00 to paid within 60 days.
"B. L. Strayer"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET : A-564-02
STYLE OF CAUSE : ISTVAN SZEBENYI JR.
GIZELLA SZEBENYI
Appellants
and
HER MAJESTY THE QUEEN
Respondent
PLACE OF HEARING : TORONTO, ONTARIO
DATE OF HEARING : NOVEMBER 12, 2003
REASONS FOR JUDGMENT
OF THE COURT : (STRAYER, SHARLOW, MALONE JJ.A.)
DELIVERED FROM THE
BENCH BY: STRAYER J.A.
APPEARANCES:
Mr. Istvan Szebenyi Jr. FOR THE APPELLANTS, ON HIS OWN BEHALF
Mr. Marcel Larouche FOR THE RESPONDENT
SOLICITORS OF RECORD:
Istvan Szebenyi Jr.
Oshawa, Ontario FOR THE APPELLANTS, ON HIS OWN BEHALF
Morris Rosenberg
Deputy Attorney General of Canada FOR THE RESPONDENT

Source: decisions.fca-caf.gc.ca

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