Abdelrazik v. Canada (Foreign Affairs and International Trade)
The appeal is dismissed because the discretionary orders were not made on any improper principle; the cross-appeal is dismissed but costs are fixed at $2,500 inclusive of disbursements; the judgment is stayed for 30 days to allow the respondent to seek required exemptions; issues about the scope of solicitor-client...
Source-derived case information.
- Citation
- 2009 FCA 77
- Parties
- Appellant: Abousiofian Abdelrazik; Respondent: Minister of Foreign Affairs and International Trade
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 10 March 2009
- Procedural Posture
- Appeal / Decision on Appeal (reasons Delivered From the Bench)
- Outcome
- Appeal dismissed; cross-appeal dismissed with costs fixed at $2,500; judgment stayed for 30 days to permit respondent to seek exemptions.
- Legal Topics
- Solicitor Client Communications, Costs Order, Stay of Judgment, Case Management, Discretionary Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abousiofian Abdelrazik
Appellant
Minister of Foreign Affairs and International Trade
Respondent
Procedural Posture
Appeal / Decision on Appeal (reasons Delivered From the Bench)
Legal Issues
- 1 Whether the discretionary orders of Justice Mactavish were made on an improper principle
- 2 Whether the order relating to solicitor-client communications is overly broad and how its scope should be managed
- 3 Whether costs should be awarded and fixed and whether a stay to permit statutory exemptions is appropriate
Ratio Decidendi
The appeal is dismissed because the discretionary orders were not made on any improper principle; the cross-appeal is dismissed but costs are fixed at $2,500 inclusive of disbursements; the judgment is stayed for 30 days to allow the respondent to seek required exemptions; issues about the scope of solicitor-client communications orders are to be resolved in case management.
Court Disposition
Appeal dismissed; cross-appeal dismissed with costs fixed at $2,500; judgment stayed for 30 days to permit respondent to seek exemptions.
Orders
- Appeal dismissed without costs
- Cross-appeal dismissed with costs fixed at $2,500 inclusive of disbursements
Full Case Text
Judgment text and source record
1 paragraphs
Abdelrazik v. Canada (Foreign Affairs and International Trade) Court (s) Database Federal Court of Appeal Decisions Date 2009-03-10 Neutral citation 2009 FCA 77 File numbers A-370-08 Decision Content Date: 20090310 Docket: A-370-08 Citation: 2009 FCA 77 CORAM: SHARLOW J.A. PELLETIER J.A. LAYDEN-STEVENSON J.A. BETWEEN: ABOUSIOFIAN ABDELRAZIK Appellant and MINISTER OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE Respondent Heard at Ottawa, Ontario, on March 10, 2009. Judgment delivered from the Bench at Ottawa, Ontario, on March 10, 2009. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20090310 Docket: A-370-08 Citation: 2009 FCA 77 CORAM: SHARLOW J.A. PELLETIER J.A. LAYDEN-STEVENSON J.A. BETWEEN: ABOUSOFIAN ABDELRAZIK Appellant and MINISTER OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on March 10, 2009) SHARLOW J.A. [1] We have not been persuaded that the discretionary orders of Justice Mactavish were made on the basis of any improper principle. The appeal will be dismissed without costs. The cross-appeal will be dismissed with costs fixed in the amount of $2,500 (inclusive of disbursements). The judgment will be stayed for 30 days to give the respondent time to seek the exemptions required to permit the costs to be paid. [2] As to the suggestion that the order relating to the solicitor and client communications are too broadly worded, that is a matter that can be dealt with in case management. “K. Sharlow” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-370-08 STYLE OF CAUSE: Abousiofian Abdelrazik v. Minister of Foreign Affairs and International Trade PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: March 10, 2009 REASONS FOR JUDGMENT OF THE COURT BY: (SHARLOW, PELLETIER, LAYDEN-STEVENSON J.J.A.) DELIVERED FROM THE BENCH BY: SHARLOW J.A. APPEARANCES: Paul Champ FOR THE APPELLANT Anne M. Turley Elizabeth Richards FOR THE RESPONDENT SOLICITORS OF RECORD: Raven, Cameron, Ballantyne & Yazbeck Ottawa, Ontario FOR THE APPELLANT John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT