Association des crevettiers acadiens du Golfe Inc. v. Canada (Attorney General)
The prothonotary did not err in law nor in appreciation of the facts and was not clearly wrong in exercising her discretion; her decision did not raise a question determinative of the outcome, so no judicial intervention was required and the appeal is dismissed.
Source-derived case information.
- Citation
- 2010 FCA 86
- Parties
- Appellant: Association des crevettiers acadiens du Golfe Inc.; Appellant: Michel Légère; Appellant: Association des Pêcheurs de Crevettes de Matane Inc.; Appellant: Pierre Cantin; Appellant: O'Neil Bond; Respondent: Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 25 March 2010
- Procedural Posture
- Appeal / Judgment on Appeal From Prothonotary's Interlocutory Decision
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Production of Documents, Interlocutory Decision, Standard of Review, Judicial Intervention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Association des crevettiers acadiens du Golfe Inc.
Appellant
Michel Légère
Appellant
Association des Pêcheurs de Crevettes de Matane Inc.
Appellant
Pierre Cantin
Appellant
O'Neil Bond
Appellant
Attorney General of Canada
Respondent
Procedural Posture
Appeal / Judgment on Appeal From Prothonotary's Interlocutory Decision
Legal Issues
- 1 Whether the prothonotary erred in law or in appreciation of the facts in ordering production of materials
- 2 Whether the prothonotary's decision raised a question determinative of the outcome of the case
- 3 Whether a judge should have intervened in the prothonotary's decision
Ratio Decidendi
The prothonotary did not err in law nor in appreciation of the facts and was not clearly wrong in exercising her discretion; her decision did not raise a question determinative of the outcome, so no judicial intervention was required and the appeal is dismissed.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Association des crevettiers acadiens du Golfe Inc. v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2010-03-25 Neutral citation 2010 FCA 86 File numbers A-285-09 Decision Content Date: 20100325 Docket: A‑284‑09 Citation: 2010 FCA 86 CORAM: BLAIS C.J. NADON J.A. TRUDEL J.A. BETWEEN: ASSOCIATION DES CREVETTIERS ACADIENS DU GOLFE INC., duly incorporated under the laws of New Brunswick, MICHEL LÉGÈRE, in his personal capacity and in his capacity as representative of the Association des crevettiers acadiens du Golfe inc., ASSOCIATION DES PÊCHEURS DE CREVETTES DE MATANE INC., duly incorporated under the laws of Quebec, PIERRE CANTIN, in his personal capacity and in his capacity as representative of the Association des Pêcheurs de crevettes de Matane inc., and O’NEIL BOND. Appellants and ATTORNEY GENERAL OF CANADA Respondent Heard at Montréal, Quebec, on March 25, 2010. Judgment delivered from the Bench at Montréal, Quebec, on March 25, 2010. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20100325 Docket: A‑284‑09 Citation: 2010 FCA 86 CORAM: BLAIS C.J. NADON J.A. TRUDEL J.A. BETWEEN: ASSOCIATION DES CREVETTIERS ACADIENS DU GOLFE INC., duly incorporated under the laws of New Brunswick, MICHEL LÉGÈRE, in his personal capacity and in his capacity as representative of the Association des crevettiers acadiens du Golfe inc., ASSOCIATION DES PÊCHEURS DE CREVETTES DE MATANE INC., duly incorporated under the laws of Quebec, PIERRE CANTIN, in his personal capacity and in his capacity as representative of the Association des Pêcheurs de crevettes de Matane inc., and O’NEIL BOND. Appellants and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on March 25, 2010) NADON J.A. [1] In the circumstances of the case and taking into account the scope of the request for production of materials in the appellants’ motion, this Court is of the opinion that although it cannot fully subscribe to the reasoning of Prothonotary Tahib, she did not err in law or err in her appreciation of the facts in making her decision. In other words, we are not satisfied that the Prothonotary was clearly wrong or applied a wrong principle in exercising her discretion. [2] This Court is also of the opinion that the Prothonotary’s decision does not in any way raise a question determinative of the outcome of the case. Accordingly, Justice Harrington was correct not to intervene. [3] For these reasons, the appeal will be dismissed with costs. “M. Nadon” J.A. Certified true translation Sarah Burns FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A‑285‑09 STYLE OF CAUSE: ASSOCIATION DES CREVETTIERS ACADIENS DU GOLFE INC. v. ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: March 25, 2010 REASONS FOR JUDGMENT OF THE COURT BY: Blais C.J. Nadon J.A. Trudel J.A. DELIVERED FROM THE BENCH BY: Nadon J.A. APPEARANCES: Patrick Ferland FOR THE APPELLANTS Jean‑Robert Noiseux FOR THE RESPONDENT SOLICITORS OF RECORD: Heenan Blaikie Montréal, Quebec FOR THE APPELLANTS John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT