Gaham v. Canada
The appellate court affirmed that a decision dismissing a preliminary objection at the interlocutory stage is not res judicata as to jurisdiction where no definitive ruling on jurisdiction was made; accordingly the trial judge correctly held the earlier decision was not res judicata and the appeal is dismissed.
Source-derived case information.
- Citation
- 2002 FCA 329
- Parties
- Appellant: ALI GAHAM; Respondent: HER MAJESTY THE QUEEN IN RIGHT OF CANADA
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 12 September 2002
- Procedural Posture
- Appeal to Federal Court of Appeal / Judgment on Preliminary Objection (appeal Stage)
- Outcome
- Appeal dismissed
- Legal Topics
- Preliminary Objection, Res Judicata, Jurisdiction, Dismissal With Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ALI GAHAM
Appellant
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Respondent
Procedural Posture
Appeal to Federal Court of Appeal / Judgment on Preliminary Objection (appeal Stage)
Legal Issues
- 1 Whether a decision dismissing a preliminary objection is res judicata on the issue of jurisdiction
- 2 Whether the trial judge properly held that the earlier decision of Denault J. was not res judicata as to jurisdiction
- 3 Whether the appeal should be dismissed with costs
Ratio Decidendi
The appellate court affirmed that a decision dismissing a preliminary objection at the interlocutory stage is not res judicata as to jurisdiction where no definitive ruling on jurisdiction was made; accordingly the trial judge correctly held the earlier decision was not res judicata and the appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
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