Insight Instrument Corporation v. Canada (Transport)
The Court dismissed the appeal, concluding the Applications Judge committed no error of law and no palpable and overriding error of fact.
Source-derived case information.
- Citation
- 2008 FCA 303
- Parties
- Appellant: Insight Instrument Corporation; Respondent: Minister of Transport
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 9 October 2008
- Procedural Posture
- Appeal to Federal Court of Appeal / Decision on Appeal
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Standard of Review, Error of Law, Palpable and Overriding Error of Fact, Judicial Deference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Insight Instrument Corporation
Appellant
Minister of Transport
Respondent
Procedural Posture
Appeal to Federal Court of Appeal / Decision on Appeal
Legal Issues
- 1 Whether the Applications Judge erred in law
- 2 Whether there was a palpable and overriding error of fact warranting appellate intervention
Ratio Decidendi
The Court dismissed the appeal, concluding the Applications Judge committed no error of law and no palpable and overriding error of fact.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Insight Instrument Corporation v. Canada (Transport) Court (s) Database Federal Court of Appeal Decisions Date 2008-10-09 Neutral citation 2008 FCA 303 File numbers A-90-08 Decision Content Date: 20081009 Docket: A-90-08 Citation: 2008 FCA 303 CORAM: LINDEN J.A. EVANS J.A. TRUDEL J.A. BETWEEN: INSIGHT INSTRUMENT CORPORATION Appellant and MINISTER OF TRANSPORT Respondent Heard at Toronto, Ontario, on October 9, 2008. Judgment delivered from the Bench at Toronto, Ontario, on October 9, 2008. REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A. Date: 20081009 Docket: A-90-08 Citation: 2008 FCA 303 CORAM: LINDEN J.A. EVANS J.A. TRUDEL J.A. BETWEEN: INSIGHT INSTRUMENT CORPORATION Appellant and MINISTER OF TRANSPORT Respondent REASONS FOR JUDGMENT (Delivered from the Bench at Toronto, Ontario, October 9, 2008) LINDEN J.A. [1] We have not been persuaded that the Applications Judge made any error of law or any palpable and overriding error of fact that would warrant an intervention. [2] The appeal will be dismissed with costs. "A.M. Linden" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-90-08 (APPEAL FROM A JUDGMENT OR ORDER OF THE HONOURABLE JUSTICE O’REILLY DATED JANUARY 29, 2008, TATC FILE NO. O-3081-41, MoT FILE NO. PAP5504-053311) STYLE OF CAUSE: INSIGHT INSTRUMENT CORPORATION v. MINISTER OF TRANSPORT PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: OCTOBER 9, 2008 REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A. DATED: OCTOBER 9, 2008 APPEARANCES: W. Brian Dawe FOR THE APPELLANT Andrea Bourke FOR THE RESPONDENT SOLICITORS OF RECORD: W. Brian Dawe Toronto, Ontario FOR THE APPELLANT John H. Sims, Q.C. Deputy Attorney General of Canada Department of Justice FOR THE RESPONDENT