Wachsberg v. Canada (Public Safety and Emergency Preparedness)
The Court held that the appellant failed to demonstrate that the Federal Court judge erred in law or made a palpable and overriding error in refusing to compel the respondents to appear and show cause for contempt of the March 12, 2019 order; accordingly the appeal was dismissed and, given the circumstances, no...
Source-derived case information.
- Citation
- 2021 FCA 60
- Parties
- Appellant: Charles Wachsberg; Respondent: Minister of Public Safety and Emergency Preparedness; Respondent: Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 23 March 2021
- Procedural Posture
- Appeal From Federal Court Decision Refusing to Compel Contempt Proceedings / Decision on Appeal (judgment Dismissed)
- Outcome
- Appeal dismissed; no order as to costs.
- Legal Topics
- Contempt, Compliance With Court Orders, Compelling Appearance, Appellate Review Standard
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Wachsberg
Appellant
Minister of Public Safety and Emergency Preparedness
Respondent
Attorney General of Canada
Respondent
Procedural Posture
Appeal From Federal Court Decision Refusing to Compel Contempt Proceedings / Decision on Appeal (judgment Dismissed)
Legal Issues
- 1 Whether the Federal Court judge erred in law in refusing to compel the respondents to appear and show cause for contempt of a March 12, 2019 Federal Court order
- 2 Whether the Federal Court judge committed a palpable and overriding error in exercising discretion to refuse to compel contempt proceedings
- 3 Whether costs should be awarded
Ratio Decidendi
The Court held that the appellant failed to demonstrate that the Federal Court judge erred in law or made a palpable and overriding error in refusing to compel the respondents to appear and show cause for contempt of the March 12, 2019 order; accordingly the appeal was dismissed and, given the circumstances, no order as to costs was made.
Court Disposition
Appeal dismissed; no order as to costs.
Orders
- Appeal dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
Wachsberg v. Canada (Public Safety and Emergency Preparedness) Court (s) Database Federal Court of Appeal Decisions Date 2021-03-23 Neutral citation 2021 FCA 60 File numbers A-153-20 Decision Content Date: 20210323 Docket: A-153-20 Citation: 2021 FCA 60 CORAM: NADON J.A. RIVOALEN J.A. LOCKE J.A. BETWEEN: CHARLES WACHSBERG Appellant and MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS AND THE ATTORNEY GENERAL OF CANADA Respondents Heard by online video conference hosted by the registry On March 23, 2021. Judgment delivered from the Bench at Toronto, Ontario, on March 23, 2021. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20210323 Docket: A-153-20 Citation: 2021 FCA 60 CORAM: NADON J.A. RIVOALEN J.A. LOCKE J.A. BETWEEN: CHARLES WACHSBERG Appellant and MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS AND THE ATTORNEY GENERAL OF CANADA Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on March 23, 2021). NADON J.A. [1] Notwithstanding Mr. Green’s careful and forceful arguments on behalf of his client, the appellant, we have not been persuaded that Mosley J. of the Federal Court (2020 FC 675) erred in law or made a palpable and overriding error in refusing to compel the respondents to appear and to show cause as to why they should not be found in contempt in regard to the Order of the Federal Court made on March 12, 2019 by Barnes J. [2] For these reasons, the appeal will be dismissed. However, in the circumstances of the case, no order as to costs will be made. "M. Nadon" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD Docket: A-153-20 STYLE OF CAUSE: CHARLES WACHSBERG v. MINISTER OF PLACE OF HEARING: BY ONLINE VIDEO CONFERENCE DATE OF HEARING: March 23, 2021 REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. RIVOALEN J.A. LOCKE J.A. DELIVERED FROM THE BENCH BY: NADON J.A. APPEARANCES: Stephen W. Green Alexandra Cole For The Appellant Roger Flaim For The Respondents SOLICITORS OF RECORD: GREEN AND SPIEGEL LLP Toronto, Ontario For The Appellant Nathalie G. Drouin Deputy Attorney General of Canada For The Respondents