Dairy Farmers Of Canada v. Conagra Grocery Products Co.
Judge Nadon validly exercised his discretion to discard the survey evidence and to confirm the Registrar's decision; no palpable and overriding error justified appellate intervention, therefore the appeal is dismissed.
Source-derived case information.
- Citation
- 2001 FCA 257
- Parties
- Appellant: Dairy Farmers of Canada/Les Producteurs Laitiers du Canada; Respondent: Conagra Grocery Products Company
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 5 September 2001
- Procedural Posture
- Appeal From Decision of Registrar and Judgment Below / Final Judgment of Federal Court of Appeal
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Survey Evidence, Discretion to Admit or Exclude Evidence, Standard of Review, Confirmation of Registrar Decision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dairy Farmers of Canada/Les Producteurs Laitiers du Canada
Appellant
Conagra Grocery Products Company
Respondent
Procedural Posture
Appeal From Decision of Registrar and Judgment Below / Final Judgment of Federal Court of Appeal
Legal Issues
- 1 Whether the trial judge erred in discarding the survey evidence
- 2 Whether the Registrar's decision should be set aside
- 3 Whether appellate intervention was warranted in the exercise of discretion
Ratio Decidendi
Judge Nadon validly exercised his discretion to discard the survey evidence and to confirm the Registrar's decision; no palpable and overriding error justified appellate intervention, therefore 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
Dairy Farmers Of Canada v. Conagra Grocery Products Co. Court (s) Database Federal Court of Appeal Decisions Date 2001-09-05 Neutral citation 2001 FCA 257 File numbers A-545-00 Decision Content Date: 20010905 Docket: A-545-00 Neutral citation: 2001 FCA 257 CORAM: RICHARD C.J. DESJARDINS J.A. NOËL J.A. BETWEEN: DAIRY FARMERS OF CANADA/ LES PRODUCTEURS LAITIERS DU CANADA Appellant and CONAGRA GROCERY PRODUCTS COMPANY Respondent Heard at Ottawa, Ontario, on September 5, 2001 Judgment delivered from the Bench at Ottawa, Ontario, on September 5, 2001 REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20010905 Docket: A-545-00 Neutral citation: 2001 FCA 257 CORAM: RICHARD C.J. DESJARDINS J.A. NOËL J.A. BETWEEN: DAIRY FARMERS OF CANADA/ LES PRODUCTEURS LAITIERS DU CANADA Appellant and CONAGRA GROCERY PRODUCTS COMPANY Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on September 5, 2001) NOËL J.A. In our view, it was open to Judge Nadon to discard the survey and to confirm the decision of the Registrar. Accordingly, the appeal will be dismissed with costs. "Marc Noël" J.A.