Canada v. NTA Transport Inc.
The Court dismissed the appeal because it was not persuaded that Snider J. made any error in declining to interfere with Prothonotary Milczynski's order; accordingly the motion to remove NTA Transport Inc. as a plaintiff was not granted.
Source-derived case information.
- Citation
- 2008 FCA 272
- Parties
- Appellant: Her Majesty the Queen; Respondent: NTA Transport Inc. ("Nolan") et al. (Owner/Operator)
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 18 September 2008
- Procedural Posture
- Appeal to the Federal Court of Appeal From an Order of the Federal Court / Appeal Determined After Oral Hearing; Review of Interlocutory Order Dismissing Motion to Remove a Party
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Motion to Remove Party, Interlocutory Appeal, Standard of Review, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Appellant
NTA Transport Inc. ("Nolan") et al. (Owner/Operator)
Respondent
Procedural Posture
Appeal to the Federal Court of Appeal From an Order of the Federal Court / Appeal Determined After Oral Hearing; Review of Interlocutory Order Dismissing Motion to Remove a Party
Legal Issues
- 1 Whether the Federal Court judge erred in refusing to interfere with the Prothonotary's order dismissing the Crown's motion to remove NTA Transport Inc. as a plaintiff
Ratio Decidendi
The Court dismissed the appeal because it was not persuaded that Snider J. made any error in declining to interfere with Prothonotary Milczynski's order; accordingly the motion to remove NTA Transport Inc. as a plaintiff was not granted.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Canada v. NTA Transport Inc. Court (s) Database Federal Court of Appeal Decisions Date 2008-09-18 Neutral citation 2008 FCA 272 File numbers A-19-08 Decision Content Date: 20080918 Docket: A-19-08 Citation: 2008 FCA 272 CORAM: NADON J.A. SEXTON J.A. PELLETIER J.A. BETWEEN: HER MAJESTY THE QUEEN Appellant and NTA TRANSPORT INC. (“Nolan”) et. al., as set out in Schedule “A” (“Owner/Operator”) Respondents Heard at Toronto, Ontario, on September 18, 2008. Judgment delivered from the Bench at Toronto, Ontario, on September 18, 2008. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20080918 Docket: A-19-08 Citation: 2008 FCA 272 CORAM: NADON J.A. SEXTON J.A. PELLETIER J.A. BETWEEN: HER MAJESTY THE QUEEN Appellant and NTA TRANSPORT INC. (“Nolan”) et. al., as set out in Schedule “A” (“Owner/Operator”) Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on September 18, 2008) NADON J.A. [1] We have not been persuaded that Snider J. made any error in concluding that she would not interfere with Prothonotary Milczynski’s order which dismissed the appellant’s motion to remove the respondent NTA Transport Inc. (“Nolan”) as a plaintiff in the proceedings before the Federal Court. [2] The appeal will therefore be dismissed with costs. “M. Nadon” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-19-08 (APPEAL FROM AN ORDER OF THE HONORABLE MADAM JUSTICE SNIDER DATED NOVEMBER 20, 2007 AND MOTION DOCUMENT NO. 17, IN FEDERAL COURT DOCKET NO. T-2289-05.) STYLE OF CAUSE: HER MAJESTY THE QUEEN v. NTA TRANSPORT INC. (“Nolan”) et. al., as set out in Schedule “A” (“Owner/Operator”) PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: September 18, 2008 REASONS FOR JUDGMENT OF THE COURT BY: (NADON, SEXTON & PELLETIER JJ.A.) DELIVERED FROM THE BENCH BY: NADON J.A. APPEARANCES: Alexander Gay Agnieszka Zagorska FOR THE APPELLANT Israel A. Ludwig FOR THE RESPONDENTS SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada Ottawa, Ontario FOR THE APPELLANT Duboff Edwards Haight & Schachter LLP Barristers & Solicitors Winnipeg, Manitoba FOR THE RESPONDENTS