Butterfield v. Canada (Attorney General)
The Court found the appellant did not demonstrate any merit to his argument and that the tribunal properly exercised its jurisdiction in dismissing the appeal for failure to appear; accordingly the appeal was dismissed with costs.
Source-derived case information.
- Citation
- 2007 FCA 290
- Parties
- Appellant: Aidan Butterfield; Respondent: Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 17 September 2007
- Procedural Posture
- Appeal From Tribunal Decision / Judgment on Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Tribunal Jurisdiction, Failure to Attend Hearing, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aidan Butterfield
Appellant
Attorney General of Canada
Respondent
Procedural Posture
Appeal From Tribunal Decision / Judgment on Appeal
Legal Issues
- 1 Whether the tribunal properly exercised its jurisdiction in dismissing the appeal for failure to appear
- 2 Whether the appellant's challenge to the tribunal's dismissal had legal merit
Ratio Decidendi
The Court found the appellant did not demonstrate any merit to his argument and that the tribunal properly exercised its jurisdiction in dismissing the appeal for failure to appear; accordingly the appeal was dismissed with costs.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
Butterfield v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2007-09-17 Neutral citation 2007 FCA 290 File numbers A-421-06 Decision Content Date: 20070917 Docket: A-421-06 Citation: 2007 FCA 290 CORAM: DESJARDINS J.A. DÉCARY J.A. RYER J.A. BETWEEN: AIDAN BUTTERFIELD Appellant and ATTORNEY GENERAL OF CANADA Respondent Heard at Vancouver, British Columbia, on September 17, 2007. Judgment delivered from the Bench at Vancouver, British Columbia, on September 17, 2007. REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. Date: 20070917 Docket: A-421-06 Citation: 2007 FCA 290 CORAM: DESJARDINS J.A. DÉCARY J.A. RYER J.A. BETWEEN: AIDAN BUTTERFIELD Appellant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver, British Columbia, on September 17, 2007) DESJARDINS J.A. [1] The Appellant has not persuaded us that there is any merit in his argument. [2] With respect in particular to file T-5-05, the Tribunal exercised its jurisdiction when it dismissed the appeal for failure on the part of the Appellant to appear at the hearing. [3] The appeal will be dismissed with costs. "Alice Desjardins" J.A. FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-421-06 STYLE OF CAUSE: Aidan Butterfield v. AGC PLACE OF HEARING: Vancouver, British Columbia DATE OF HEARING: September 17, 2007 REASONS FOR JUDGMENT BY: DESJARDINS J.A. DÉCARY J.A. RYER J.A. DELIVERED FROM THE BENCH BY: DESJARDINS J.A. DATED: September 17, 2007 APPEARANCES: Aidan Butterfield FOR THE APPELLANT Cindy W. Mah FOR THE RESPONDENT SOLICITORS OF RECORD: Aidan Butterfield Barrister and Solicitor Richmond, B.C. FOR THE APPELLANT John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT Ottawa, Ontario