Kibale v. Canada

Kibale v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2002-11-08 Neutral citation 2002 FCA 436 File numbers A-150-01 Decision Content Date: 20021108 Docket: A-150-01 Neutral Citation: 2002 FCA 436 Present: CHIEF JUSTICE RICHARD NOËL J.A. NADON J.A. BETWEEN: GUILLAUME KIBALE Appellant and HER MAJESTY THE QUEEN Respondent Written motion decided without appearance of the parties. Order delivered in Ottawa, Ontario, on November 8, 2002. REASONS FOR ORDER: CHIEF JUSTICE RICHARD CONCURRING: NOËL J.A. NADON J.A. Date: 20021108 Docket: A-150-01 Neutral Citation: 2002 FCA 436 Present: CHIEF JUSTICE RICHARD NOËL J.A. NADON J.A. BETWEEN: GUILLAUME KIBALE Appellant and HER MAJESTY THE QUEEN Respondent REASONS FOR ORDER [1] The applicant (appellant) is asking that the Court reconsider its judgment under Rule 397(1)(b) of the Federal Court Rules, 1998 on the ground that the Court allegedly failed to deal, in its reasons dismissing his appeal, with seven questions identified in paragraph 4 of his affidavit. [2] In its judgment delivered October 4, 2002, the Court dismissed the applicant's appeal from an order of Mr. Justice Blais, who had dismissed the applicant's appeal from an order rendered by Prothonotary Aronovitch striking out his action in damages against the respondent on the ground that it disclosed no cause of action. [3] The appeal raised three issues: the jurisdiction of the prothonotary, the merits of the striking out of the statement of claim and the refusal of leave to amend the statement of claim. [4] In its reasons, the Court of Appeal dealt with these three matters. [5] What the applicant is asking is a re-examination of the merits of the Court's conclusions. However, it is settled law that the power of reconsideration under Rule 397 does not entitle the parties to an appeal. [6] For these reasons, the applicant's motion will be dismissed with costs. "J. Richard" Chief Justice "I agree. Marc Noël, J.A." "I agree. M. Nadon, J.A." Certified true translation Suzanne M. Gauthier, C.Tr., LL.L. FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD FILE NO: A-150-01 STYLE: GUILLAUME KIBALE v. HER MAJESTY THE QUEEN WRITTEN MOTION CONSIDERED WITHOUT APPEARANCE OF THE PARTIES REASONS FOR ORDER: Chief Justice Richard CONCURRING: Noël J.A. Nadon J.A. DATE OF REASONS: November 8, 2002 WRITTEN REPRESENTATIONS BY: Guillaume Kibale THE APPELLANT Marie Crowley FOR THE RESPONDENT SOLICITORS OF RECORD: Guillaume Kibale THE APPELLANT Nepean, Ontario Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Ottawa, Ontario