Byer v. Canada
The appeal is dismissed because the respondent was entitled to request an oral hearing by letter and the scheduling order was valid; the circumstances warranted fixing costs at a lump sum of $2,000 inclusive of disbursements under Rule 400(4).
Source-derived case information.
- Citation
- 2002 FCA 429
- Parties
- Appellant: Stephen M. Byer; Respondent: Her Majesty the Queen in Right of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 8 November 2002
- Procedural Posture
- Appeal to Federal Court of Appeal / Interlocutory Appeal From Order Scheduling Motion to Strike
- Outcome
- Appeal dismissed
- Legal Topics
- Motion to Strike, Oral Hearing Request, Lump Sum Costs, Rule 400(4)
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen M. Byer
Appellant
Her Majesty the Queen in Right of Canada
Respondent
Procedural Posture
Appeal to Federal Court of Appeal / Interlocutory Appeal From Order Scheduling Motion to Strike
Legal Issues
- 1 Whether the respondent was entitled to request an oral hearing by letter for its motion to strike
- 2 Whether the appellant's prior proposal of a hearing date prevented the respondent from seeking an oral hearing
- 3 Whether costs should be fixed as a lump sum under Rule 400(4)
Ratio Decidendi
The appeal is dismissed because the respondent was entitled to request an oral hearing by letter and the scheduling order was valid; the circumstances warranted fixing costs at a lump sum of $2,000 inclusive of disbursements under Rule 400(4).
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs
- Appellant to pay respondent $2,000.00 inclusive of disbursements in lieu of assessed costs
Full Case Text
Judgment text and source record
1 paragraphs
Byer v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2002-11-08 Neutral citation 2002 FCA 429 File numbers A-214-02 Decision Content Date: 20021108 Docket: A-214-02 Neutral citation: 2002 FCA 429 CORAM: DÉCARY J.A. NADON J.A. MALONE J.A. BETWEEN: STEPHEN M. BYER Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent Heard at Ottawa, Ontario, on November 5, 2002. Judgment rendered at Ottawa, Ontario, on November 8, 2002. REASONS FOR JUDGMENT BY: DÉCARY J.A. CONCURRED IN BY: NADON J.A. MALONE J.A. Date: 20021108 Docket: A-214-02 Neutral citation: 2002 FCA 429 CORAM: DÉCARY J.A. NADON J.A. MALONE J.A. BETWEEN: STEPHEN M. BYER Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent REASONS FOR JUDGMENT DÉCARY J.A. [1] This is an appeal from the Order made by Mr. Justice Blanchard on April 9, 2002 wherein, inter alia, he ordered that the motion by the respondent to strike the appellant's statement of claim be heard by the Court on April 23, 2002. [2] The appellant, who had himself proposed a date for a hearing, submits that the respondent was not entitled to move, by way of a letter request, for an oral hearing concerning Her motion to strike. The appeal has no merit whatsoever and should be dismissed with costs. In the circumstances, the Court is of the view that a lump sum of $2,000.00, inclusive of disbursements, should be paid by the appellant to the respondent in lieu of assessed costs (see Rule 400(4)). "Robert Décary" J.A. "I agree. M. Nadon, J.A." "I agree. B. Malone, J.A." FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-214-02 STYLE OF CAUSE: Stephen M. Byer v. Her Majesty the Queen in Right of Canada PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: November 5, 2002 REASONS FOR JUDGMENT BY: Décary J.A. CONCURRED IN BY: Nadon J.A. Malone J.A. DATED: November 8, 2002 APPEARANCES: Mr. Stephen M. Byer ON HIS OWN BEHALF Mr. Daniel Latulippe FOR THE RESPONDENT SOLICITORS OF RECORD: Mr. Stephen M. Byer Verdun, Quebec ON HIS OWN BEHALF Mr. Morris Rosenberg Deputy Attorney General of Canada FOR THE RESPONDENT