Sauve v. The Queen
Because the plaintiff unjustifiably failed to comply with the prior order, there was no basis to interfere with the trial judge's discretionary decision to dismiss the action; the appeal is dismissed with costs.
Source-derived case information.
- Citation
- 2001 FCA 307
- Parties
- Appellant: Gary Sauve; Respondent: Her Majesty the Queen in Right of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 17 October 2001
- Procedural Posture
- Civil Action / Appeal From Dismissal After Status Review
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Failure to Comply With Court Order, Dismissal for Non Compliance, Discretionary Decision Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gary Sauve
Appellant
Her Majesty the Queen in Right of Canada
Respondent
Procedural Posture
Civil Action / Appeal From Dismissal After Status Review
Legal Issues
- 1 Whether appellate court should interfere with discretionary dismissal for failure to comply with a court order
- 2 Whether the plaintiff's unjustified failure to comply justified dismissal of the action
Ratio Decidendi
Because the plaintiff unjustifiably failed to comply with the prior order, there was no basis to interfere with the trial judge's discretionary decision to dismiss the action; the appeal is dismissed with costs.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed
- Costs awarded to respondent
Full Case Text
Judgment text and source record
1 paragraphs
Sauve v. The Queen Court (s) Database Federal Court of Appeal Decisions Date 2001-10-17 Neutral citation 2001 FCA 307 File numbers A-393-00 Decision Content Date: 20011017 Docket: A-393-00 Neutral citation: 2001 FCA 307 CORAM: LINDEN J.A. EVANS J.A. SHARLOW J.A. BETWEEN: GARY SAUVE Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent Heard at Ottawa, Ontario, on October 17, 2001. Judgment delivered from the Bench at Ottawa, Ontario, on October 17, 2001. REASONS FOR JUDGMENT BY: SHARLOW J.A. Date: 20011017 Docket: A-393-00 Neutral citation: 2001 FCA 307 CORAM: LINDEN J.A. EVANS J.A. SHARLOW J.A. BETWEEN: GARY SAUVE Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent REASONS FOR JUDGMENT (delivered from the Bench on October 17, 2001) SHARLOW J.A. [1] In view of the plaintiff's unjustified failure to comply with the order of Mr. Justice Dubé issued on November 3, 1999, after the first status review, there is no basis for interfering with the discretionary decision of Mr. Justice McKeown to dismiss the action after the second status review commenced on March 30, 2000. The appeal will be dismissed with costs. "K. Sharlow" J.A.