Gaham v. Canada
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Gaham v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2002-09-12 Neutral citation 2002 FCA 329 File numbers A-770-00 Decision Content Date: 20020912 Docket: A-770-00 Neutral Citation: 2002 FCA 329 CORAM: DESJARDINS J.A. NOËL J.A. NADON J.A. BETWEEN: ALI GAHAM Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent Hearing held at Montréal, Quebec, on September 12, 2002. Judgment delivered from the bench at Montréal, Quebec, on September 12, 2002. REASONS FOR JUDGMENT BY: NOËL J.A. Date : 20020912 Docket: A-770-00 Neutral Citation: 2002 FCA 329 CORAM : DESJARDINS J.A. NOËL J.A. NADON J.A. BETWEEN: ALI GAHAM Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on September 12, 2002) NOËL J.A. [1] It seems clear to us that the only question Mr. Justice Denault had to decide at the preliminary objection stage was whether he should dismiss the appellant's action before the respondent filed her defence. He did not have to make a definitive ruling on the jurisdiction of [2] We are of the view that the trial judge properly found that the decision by Denault J. dismissing the preliminary objection was not res judicata with respect to the jurisdiction of the Court. [3] The appeal will therefore be dismissed with costs. "Marc Noël" J.A. Certified true translation Mary Jo Egan, LLB FEDERAL COURT OF CANADA APPEAL DIVISION SOLICITORS OF RECORD DOCKET: A-770-00 STYLE O…
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Gaham v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2002-09-12 Neutral citation 2002 FCA 329 File numbers A-770-00 Decision Content Date: 20020912 Docket: A-770-00 Neutral Citation: 2002 FCA 329 CORAM: DESJARDINS J.A. NOËL J.A. NADON J.A. BETWEEN: ALI GAHAM Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent Hearing held at Montréal, Quebec, on September 12, 2002. Judgment delivered from the bench at Montréal, Quebec, on September 12, 2002. REASONS FOR JUDGMENT BY: NOËL J.A. Date : 20020912 Docket: A-770-00 Neutral Citation: 2002 FCA 329 CORAM : DESJARDINS J.A. NOËL J.A. NADON J.A. BETWEEN: ALI GAHAM Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on September 12, 2002) NOËL J.A. [1] It seems clear to us that the only question Mr. Justice Denault had to decide at the preliminary objection stage was whether he should dismiss the appellant's action before the respondent filed her defence. He did not have to make a definitive ruling on the jurisdiction of [2] We are of the view that the trial judge properly found that the decision by Denault J. dismissing the preliminary objection was not res judicata with respect to the jurisdiction of the Court. [3] The appeal will therefore be dismissed with costs. "Marc Noël" J.A. Certified true translation Mary Jo Egan, LLB FEDERAL COURT OF CANADA APPEAL DIVISION SOLICITORS OF RECORD DOCKET: A-770-00 STYLE OF CAUSE: ALI GAHAM Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: September 12, 2002 REASONS FOR JUDGMENT OF THE COURT: THE HONOURABLE MR. JUSTICE NOËL CONCURRED IN BY: DESJARDINS J.A. NADON J.A. DATE OF REASONS: September 12, 2002 APPEARANCES: Grégoire M. Bijimine FOR THE APPELLANT Carole Bureau FOR THE RESPONDENT SOLICITORS OF RECORD: Grégoire M. Bijimine Montréal (Québec) FOR THE APPELLANT Morris Rosenberg Deputy Attorney General of Canada Montréal, Quebec FOR THE RESPONDENT Date: 20020912 Docket: A-770-00 Montréal, Quebec, September 12, 2002 CORAM: DESJARDINS J.A. NOËL J.A. NADON J.A. BETWEEN: ALI GAHAM Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent + JUDGMENT The appeal is dismissed with costs. "Alice Desjardins" J.A. Certified true translation Mary Jo Egan, LLB FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20020912 Docket: A-770-00 Between: ALI GAHAM Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT
Source: decisions.fca-caf.gc.ca