Exeter v. Canada (Attorney General)
The Court held there was no error in the Motions Judge's decision and no reasonable apprehension of bias; the Prothonotary properly exercised her discretion not to stay proceedings, therefore the appeal is dismissed and costs are awarded.
Source-derived case information.
- Citation
- 2016 FCA 18
- Parties
- Appellant: Rachel Exeter; Respondent: Attorney General of Canada (Deputy Head, Statistics Canada)
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 20 January 2016
- Procedural Posture
- Appeal (interlocutory) / Appeal From Motions Judge's Order
- Outcome
- Appeal dismissed
- Legal Topics
- Stay, Interlocutory Order, Bias, Prothonotary Discretion, Costs Sanction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rachel Exeter
Appellant
Attorney General of Canada (Deputy Head, Statistics Canada)
Respondent
Procedural Posture
Appeal (interlocutory) / Appeal From Motions Judge's Order
Legal Issues
- 1 Whether the Motions Judge erred in refusing to stay the proceeding
- 2 Whether there was a reasonable apprehension of bias amounting to disqualification
- 3 Whether the Prothonotary properly exercised her discretion not to stay proceedings
Ratio Decidendi
The Court held there was no error in the Motions Judge's decision and no reasonable apprehension of bias; the Prothonotary properly exercised her discretion not to stay proceedings, therefore the appeal is dismissed and costs are awarded.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed.
- All-inclusive costs assessed at $5,000 payable forthwith.
Full Case Text
Judgment text and source record
1 paragraphs
Exeter v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2016-01-20 Neutral citation 2016 FCA 18 File numbers A-543-14 Decision Content Date: 20160120 Docket: A-543-14 Citation: 2016 FCA 18 CORAM: TRUDEL J.A. DE MONTIGNY J.A. GLEASON J.A. BETWEEN: RACHEL EXETER Appellant and ATTORNEY GENERAL OF CANADA (Deputy Head, Statistic Canada) Respondent Heard at Ottawa, Ontario, on January 20, 2016. Judgment delivered from the Bench at Ottawa, Ontario, on January 20, 2016. REASONS FOR JUDGMENT OF THE COURT BY: TRUDEL J.A. Date: 20160120 Docket: A-543-14 Citation: 2016 FCA 18 CORAM: TRUDEL J.A. DE MONTIGNY J.A. GLEASON J.A. BETWEEN: RACHEL EXETER Appellant and ATTORNEY GENERAL OF CANADA (Deputy Head Statistic Canada) Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on January 20, 2016). TRUDEL J.A. [1] We are all of the view that the Motions Judge was right in not interfering with the Prothonotary’s Order. The Motions Judge’s Order was arrived at on a proper basis (2014 FC 1160). We agree that the Prothonotary properly exercised her discretion not to stay the proceeding. This question was not vital to the issue of the case. [2] As a result, we find no error in the Motions Judge’s Order justifying our intervention. More particularly, we are satisfied that the Motions Judge’s reasons were sufficient and dealt with all the issues raised by the appellant. Moreover, there is simply no basis for an allegation of bias in this case and it was improper to make such an allegation. [3] Consequently, the appeal will be dismissed with all-inclusive costs assessed at $5,000 payable forthwith. No further Notices of Appeal with respect to interlocutory matters in file T-943-12 shall be accepted for filing unless Ms. Exeter provides written confirmation that these costs have been paid. "Johanne Trudel" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD Docket: A-543-14 STYLE OF CAUSE: RACHEL EXETER v. ATTORNEY GENERAL OF CANADA (DEPUTY HEAD, STATISTICS CANADA) PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: January 20, 2016 REASONS FOR JUDGMENT OF THE COURT BY: TRUDEL J.A. DE MONTIGNY J.A. GLEASON J.A. DELIVERED FROM THE BENCH BY: TRUDEL J.A. APPEARANCES: Rachel Exeter SELF-REPRESENTED Léa Bou Karam For The Respondent ATTORNEY GENERAL OF CANADA (DEPUTY HEAD, STATISTICS CANADA) SOLICITORS OF RECORD: William F. Pentney Deputy Attorney General of Canada Ottawa, Ontario For The Respondent ATTORNEY GENERAL OF CANADA (DEPUTY HEAD, STATISTICS CANADA)