Sauvé v. Canada

Sauvé v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2012-11-06
Neutral citation
2012 FCA 280
File numbers
A-341-11
Decision Content
Federal Court of Appeal
Cour d'appel fédérale
Date: 20121106
Docket: A-341-11
Citation: 2012 FCA 280
CORAM: NOËL J.A.
PELLETIER J.A.
MAINVILLE J.A.
BETWEEN:
GARY SAUVÉ
Appellant
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA,
RCMP COMMISSIONER GIULIANO ZACCARDELLI (as he then was),
RCMP COMMISSIONER BEVERLEY BUSSON (as she then was),
RCMP COMMISSIONER WILLIAM J.S. ELLIOTT (as he is now),
RCMP JACQUES LEMIEUX and OTHER RCMP OFFICERS (not known at this time)
Respondents
Heard at Ottawa, Ontario, on November 6, 2012.
Judgment delivered from the Bench at Ottawa, Ontario, on November 6, 2012.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Federal Court of Appeal
Cour d'appel fédérale
Date: 20121106
Docket: A-341-11
Citation: 2012 FCA 280
CORAM: NOËL J.A.
PELLETIER J.A.
MAINVILLE J.A.
BETWEEN:
GARY SAUVÉ
Appellant
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA,
RCMP COMMISSIONER GIULIANO ZACCARDELLI (as he then was),
RCMP COMMISSIONER BEVERLEY BUSSON (as she then was),
RCMP COMMISSIONER WILLIAM J.S. ELLIOTT (as he is now),
RCMP JACQUES LEMIEUX and OTHER RCMP OFFICERS (not known at this time)
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on November 6, 2012)
NOËL J.A.
[1] After considering the appellant’s submissions, we are unable to find any reason for interfering with the Federal Court judge’s exercise of discretion in striking the statement of claim without leave to amend.
[2] The appeal will be dismissed with costs to be assessed by the Assessment Officer.
“Marc Noël”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-341-11
APPEAL FROM AN ORDER OF THE HONOURABLE JUSTICE CRAMPTON OF THE FEDERAL COURT DATED SEPTEMBER 16, 2011, DOCKET NO. T-1-10 (2011 FC 1074).
STYLE OF CAUSE: Gary Sauvé and Her Majesty the Queen in Right of Canada, RCMP Commissioner Giuliano Zaccardelli (as he then was), RCMP Commissioner Beverley Busson (as he then was), RCMP Commissioner William J.S. Elliott (as he is now), RCMP Jacques Lemieux and Other RCMP Officers (not known at this time)
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: November 6, 2012
REASONS FOR JUDGMENT OF THE COURT BY: Noël, Pelletier, Mainville JJ.A.
DELIVERED FROM THE BENCH BY: Noël J.A.
APPEARANCES:
Gary Sauvé
FOR THE APPELLANT
(on his own behalf)
Abigail Martinez
Agnieszka Zagorska
FOR THE RESPONDENTS
SOLICITORS OF RECORD:
N/A
FOR THE APPELLANT
(on his own behalf)
Myles J. Kirvan
Deputy Attorney General of Canada
FOR THE RESPONDENTS