Suresh v. Canada
The Court held that the trial judge did not breach any legal duty to provide reasons and that there was ample material to support the discretionary dismissal for delay; accordingly, no appellate interference was warranted.
Source-derived case information.
- Citation
- 2001 FCA 147
- Parties
- Appellant: Manickavasagam Suresh; Respondent: Her Majesty the Queen
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 10 May 2001
- Procedural Posture
- Appeal From Trial Division Order Dismissing Action for Delay / Appeal
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Dismissal for Delay, Notice of Status Review, Exercise of Judicial Discretion, Reasons for Judgment, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Manickavasagam Suresh
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Appeal From Trial Division Order Dismissing Action for Delay / Appeal
Legal Issues
- 1 Whether the trial judge breached any legal duty to provide reasons for dismissing the action for delay
- 2 Whether the dismissal for delay was supported by the material before the trial judge
- 3 Whether the appellate court should interfere with the trial judge's exercise of discretion
Ratio Decidendi
The Court held that the trial judge did not breach any legal duty to provide reasons and that there was ample material to support the discretionary dismissal for delay; accordingly, no appellate interference was warranted.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs
- Order of the Trial Division dismissing the action for delay is confirmed
Full Case Text
Judgment text and source record
1 paragraphs
Suresh v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2001-05-10 Neutral citation 2001 FCA 147 File numbers A-750-99 Decision Content Date: 20010510 Docket: A-750-99 Neutral citation: 2001 FCA 147 CORAM: LINDEN J.A. EVANS J.A. SHARLOW J.A. BETWEEN: MANICKAVASAGAM SURESH Appellant - and - HER MAJESTY THE QUEEN Respondent Heard at Toronto, Ontario, Wednesday, May 9, 2001 Judgment delivered at Toronto, Ontario, on Wednesday, May 9, 2001 REASONS FOR JUDGMENT BY: EVANS J.A. Date: 20010510 Docket: A-750-99 Neutral citation: 2001 FCA 147 CORAM: LINDEN J.A. EVANS J.A. SHARLOW J.A. BETWEEN: MANICKAVASAGAM SURESH Appellant - and - HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT (Delivered from the Bench at Toronto, Ontario on Wednesday, May 9, 2001) EVANS J.A. This is an appeal from an order of the Trial Division made pursuant to a Notice of Status Review issued in respect of the appellant's action for damages against the respondent. After considering the submissions made on behalf of the appellant in response to the Notice, the Judge dismissed the action for delay. In view of both the Judge's statement that he was dismissing the action for delay, and the submissions before him, we are not persuaded that the Judge was in breach of any legal duty to provide reasons for his order. In our opinion, there was ample material before the Judge to support his exercise of discretion to dismiss for delay, and he committed no error that would warrant the interference of this Court with this discretionary order. For these reasons, the appeal will be dismissed with costs. "John M. Evans" J.A. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-750-99 STYLE OF CAUSE: MANICKAVASAGAM SURESH Appellant - and - HER MAJESTY THE QUEEN Respondent DATE OF HEARING: WEDNESDAY, MAY 9, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT BY: EVANS J.A. DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON WEDNESDAY, MAY 9, 2001. APPEARANCES BY: Ms. Barbara Jackman For the Appellant Ms. Cheryl Mitchell Mr. James Leising For the Respondent SOLICITORS OF RECORD: JACKMAN, WALDMAN & ASSOCIATES Barristers & Solicitors 201 Eglinton Avenue East Toronto, Ontario M4P 1L3 For the Appellant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF APPEAL Date: 20010510 Docket: A-750-99 BETWEEN: MANICKAVASAGAM SURESH Appellant - and - HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT