Heckendorn v. Canada
The court found nothing in Prothonotary Hargrave’s decision that would have warranted intervention by Rouleau J., and accordingly dismissed the appeal.
Source-derived case information.
- Citation
- 2006 FCA 407
- Parties
- Appellant: Paul Heckendorn; Respondent: Her Majesty the Queen in Right of Canada; Respondent: Melissa Kolbe; Respondent: D. Folstad; Respondent: Brenda Krell; Respondent: Kevin J. Ritcey
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 12 December 2006
- Procedural Posture
- Appeal / Decision on Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Judicial Review, Intervention by a Judge, Procedural Discretions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Heckendorn
Appellant
Her Majesty the Queen in Right of Canada
Respondent
Melissa Kolbe
Respondent
D. Folstad
Respondent
Brenda Krell
Respondent
Kevin J. Ritcey
Respondent
Procedural Posture
Appeal / Decision on Appeal
Legal Issues
- 1 Whether Prothonotary Hargrave’s decision warranted intervention by Rouleau J.
- 2 Whether the appeal should be allowed or dismissed
- 3 Whether costs should be awarded
Ratio Decidendi
The court found nothing in Prothonotary Hargrave’s decision that would have warranted intervention by Rouleau J., and accordingly dismissed the appeal.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed without costs
Full Case Text
Judgment text and source record
1 paragraphs
Heckendorn v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2006-12-12 Neutral citation 2006 FCA 407 File numbers A-417-05 Decision Content Date: 20061212 Docket: A-417-05 Citation: 2006 FCA 407 Vancouver, British Columbia, December 12, 2006 CORAM: DESJARDINS J.A. DÉCARY J.A. RYER J.A. BETWEEN: PAUL HECKENDORN Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA and MELISSA KOLBE, D. FOLSTAD, BRENDA KRELL, KEVIN J. RITCEY Respondents Heard at Vancouver, British Columbia, on December 11, 2006. Judgment delivered at Vancouver, British Columbia, on December 12, 2006. REASONS FOR JUDGMENT BY: Desjardins J.A. CONCURRED IN BY: Décary J.A. Ryer J.A. Date: 20061212 Docket: A-417-05 Citation: 2006 FCA 407 Vancouver, British Columbia, December 12, 2006 CORAM: DESJARDINS J.A. DÉCARY J.A. RYER J.A. BETWEEN: PAUL HECKENDORN Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA and MELISSA KOLBE, D. FOLSTAD, BRENDA KRELL, KEVIN J. RITCEY Respondents REASONS FOR JUDGMENT DESJARDINS J.A. I have not been persuaded that there was anything in Prothonotary Hargrave’s decision which would have warranted the intervention of Rouleau J. This appeal should be dismissed without costs in the circumstances. “Alice Desjardins” J.A. “I concur Robert Décary, J.A.” “I concur C. Michael Ryer, J.A.” FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-417-05 STYLE OF CAUSE: Paul Heckendorn v. HMQ, Melissa Kolbe, D. Folstad, Brenda Krell, Kevin J. Ritcey PLACE OF HEARING: Vancouver, British Columbia DATE OF HEARING: December 11, 2006 REASONS FOR JUDGMENT BY: Desjardins, J.A. CONCURRED IN BY: Décary, J.A. Ryer, J.A. DATED: December 12, 2006 APPEARANCES: Paul Heckendorn ON HIS OWN BEHALF Elizabeth (Lisa) McDonald FOR THE RESPONDENT SOLICITOR OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT