Canada v. Dickson
The appeal is dismissed because the Federal Court did not err in concluding that the respondents' action against the individual appellants is not bereft of any possibility of success; the claim is arguable and therefore should not be struck at this interlocutory stage.
Source-derived case information.
- Citation
- 2017 FCA 198
- Parties
- Appellant: Her Majesty the Queen in Right of Canada; Appellant: Lise Ouellette; Appellant: Ronald Jean-Léger; Appellant: Denis Beausoleil; Appellant: Vladimir Desriveaux; Appellant: Stan Loach; Appellant: RCMP Officers Jane and John Doe; Respondent: Robbie Dickson; Respondent: Rainbow Tobacco G.P.
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 25 September 2017
- Procedural Posture
- Appeal to the Federal Court of Appeal From a Federal Court Judgment / Determination on Appeal of Interlocutory Motion to Strike; Appeal Disposition
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Jurisdiction, Striking Pleadings, Arguable/meritorious Claim, Crown Liability, Interlocutory Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen in Right of Canada
Appellant
Lise Ouellette
Appellant
Ronald Jean-Léger
Appellant
Denis Beausoleil
Appellant
Vladimir Desriveaux
Appellant
Stan Loach
Appellant
RCMP Officers Jane and John Doe
Appellant
Robbie Dickson
Respondent
Rainbow Tobacco G.P.
Respondent
Procedural Posture
Appeal to the Federal Court of Appeal From a Federal Court Judgment / Determination on Appeal of Interlocutory Motion to Strike; Appeal Disposition
Legal Issues
- 1 Whether the Federal Court erred in refusing to strike the respondents' action against the individual appellants for lack of jurisdiction or because the claim was not arguable
- 2 Whether the respondents' action against the individual appellants is bereft of any possibility of success such that it should be struck at the interlocutory stage
Ratio Decidendi
The appeal is dismissed because the Federal Court did not err in concluding that the respondents' action against the individual appellants is not bereft of any possibility of success; the claim is arguable and therefore should not be struck at this interlocutory stage.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
Canada v. Dickson Court (s) Database Federal Court of Appeal Decisions Date 2017-09-25 Neutral citation 2017 FCA 198 File numbers A-273-16 Decision Content Date: 20170925 Docket: A-273-16 Citation: 2017 FCA 198 CORAM: NADON J.A. GAUTHIER J.A. TRUDEL J.A. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA LISE OUELLETTE RONALD JEAN-LÉGER DENIS BEAUSOLEIL VLADIMIR DESRIVEAUX STAN LOACH RCMP OFFICERS JANE AND JOHN DOE Appellants and ROBBIE DICKSON RAINBOW TOBACCO G.P. Respondents Heard at Montréal, Quebec, on September 25, 2017. Judgment delivered from the Bench at Montréal, Quebec, on September 25, 2017. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20170925 Docket: A-273-16 Citation: 2017 FCA 198 CORAM: NADON J.A. GAUTHIER J.A. TRUDEL J.A. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA LISE OUELLETTE RONALD JEAN-LÉGER DENIS BEAUSOLEIL VLADIMIR DESRIVEAUX STAN LOACH RCMP OFFICERS JANE AND JOHN DOE Appellants and ROBBIE DICKSON RAINBOW TOBACCO G.P. Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on September 25, 2017) NADON J.A. [1] Notwithstanding Mr. Wilner’s excellent arguments, we have not been persuaded that we should interfere with the judgment of the Federal Court dated July 10, 2016 (per Roussel J., 2016 FC 836). [2] Although we are not prepared to totally endorse the Judge’s reasons, we are nonetheless satisfied, for the reasons given by the Judge, that the respondents’ action against the individual appellants is not bereft of any possibility of success. Whether or not the respondents can succeed on the merits against the individual appellants is obviously a different question which the trial judge will have to decide in the light of the record before him or her. In the context of the evidence that will be adduced at the trial, we recognize the possibility that the Judge could conclude that the Court is without jurisdiction as far as the individual appellants are concerned. [3] However, at this point in time, we are not convinced that the respondents’ case is not arguable. [4] Consequently, the appeal will be dismissed with costs. "M Nadon" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-273-16 STYLE OF CAUSE: HER MAJESTY THE QUEEN IN RIGHT OF CANADA, LISE OUELLETTE, RONALD JEAN-LÉGER, DENIS BEAUSOLEIL, VLADIMIR DESRIVEAUX, STAN LOACH, RCMP OFFICERS JANE AND JOHN DOE v. ROBBIE DICKSON, RAINBOW TOBACCO G.P. PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: September 25, 2017 REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. GAUTHIER J.A. TRUDEL J.A. DELIVERED FROM THE BENCH BY: NADON J.A. APPEARANCES: Joshua Wilner Éric Lafrenière For The AppellantS Julian N. Falconer Marc E. Gibson For The Respondents SOLICITORS OF RECORD: Nathalie G. Drouin Deputy Attorney General of Canada Ottawa, Ontario For The AppellantS FALCONERS LLP Toronto, Ontario For The Respondents