Khodeir v. Canada (Governor-in-Council)
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Khodeir v. Canada (Governor-in-Council) Court (s) Database Federal Court of Appeal Decisions Date 2010-11-15 Neutral citation 2010 FCA 308 File numbers A-168-10 Decision Content Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20101115 Docket: A-168-10 Citation: 2010 FCA 308 CORAM: NOËL J.A. PELLETIER J.A. MAINVILLE J.A. BETWEEN: LUCIEN ROGER KHODEIR Appellant and GOVERNOR-IN-COUNCIL Respondent Heard at Toronto, Ontario, on November 15, 2010. Judgment delivered from the Bench at Toronto, Ontario, on November 15, 2010. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20101115 Docket: A-168-10 Citation: 2010 FCA 308 CORAM: NOËL J.A. PELLETIER J.A. MAINVILLE J.A. BETWEEN: LUCIEN ROGER KHODEIR Appellant and GOVERNOR-IN-COUNCIL Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on November 15, 2010) NOËL J.A. [1] We are of the view that the appeal should be dismissed. [2] With respect to the alleged bias, the mere fact that a motion Judge has dismissed a proceeding brought by a party does not give rise to a reasonable apprehension of bias when the same Judge is called upon to dispose of a further proceeding involving the same party. [3] Although brief, the reasons of the Application Judge which are contained in the speaking order that he gave, are clear. He concluded to the Applicant’s notice of Application is in substance the same as that in T-1832-09 which was dismissed earlier. As such, he held that it ought to be struck o…
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Khodeir v. Canada (Governor-in-Council) Court (s) Database Federal Court of Appeal Decisions Date 2010-11-15 Neutral citation 2010 FCA 308 File numbers A-168-10 Decision Content Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20101115 Docket: A-168-10 Citation: 2010 FCA 308 CORAM: NOËL J.A. PELLETIER J.A. MAINVILLE J.A. BETWEEN: LUCIEN ROGER KHODEIR Appellant and GOVERNOR-IN-COUNCIL Respondent Heard at Toronto, Ontario, on November 15, 2010. Judgment delivered from the Bench at Toronto, Ontario, on November 15, 2010. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20101115 Docket: A-168-10 Citation: 2010 FCA 308 CORAM: NOËL J.A. PELLETIER J.A. MAINVILLE J.A. BETWEEN: LUCIEN ROGER KHODEIR Appellant and GOVERNOR-IN-COUNCIL Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on November 15, 2010) NOËL J.A. [1] We are of the view that the appeal should be dismissed. [2] With respect to the alleged bias, the mere fact that a motion Judge has dismissed a proceeding brought by a party does not give rise to a reasonable apprehension of bias when the same Judge is called upon to dispose of a further proceeding involving the same party. [3] Although brief, the reasons of the Application Judge which are contained in the speaking order that he gave, are clear. He concluded to the Applicant’s notice of Application is in substance the same as that in T-1832-09 which was dismissed earlier. As such, he held that it ought to be struck out as being an abuse of the process of the Court. We can detect no error in this regard. [4] The appeal will be dismissed with costs which we fix at $2,000.00. “Marc Noël” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-168-10 (APPEAL FROM A JUDGMENT OF THE HONOURABLE MR. JUSTICE HUGHES DATED APRIL 21, 2010 IN FEDERAL COURT FILE, DOCKET NO. T-276-10). STYLE OF CAUSE: LUCIEN ROGER KHODEIR v. GOVERNOR-IN-COUNCIL PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: NOVEMBER 15, 2010 REASONS FOR JUDGMENT OF THE COURT BY: (NOËL, PELLETIER & MAINVILLE JJ.A.) DELIVERED FROM THE BENCH BY: NOËL J.A. APPEARANCES: LUCIEN ROGER KHODEIR FOR THE APPELLANT (ON HIS OWN BEHALF) SHELLEY C. QUINN FOR THE RESPONDENT SOLICITORS OF RECORD: N/A FOR THE APPELLANT MYLES J. KIRVAN DEPUTY ATTORNEY GENERAL OF CANADA Toronto, Ontario FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca