Alberta (Registered Public Accountants Assn.) v. Society of Professional Accountants of Canada
The appellate court was not persuaded that the trial judge erred in exercising his discretion to dismiss the action for delay and therefore dismissed the appeal and affirmed the dismissal, awarding costs to the respondent.
Source-derived case information.
- Citation
- 2003 FCA 61
- Parties
- Appellant: THE REGISTERED PUBLIC ACCOUNTANTS ASSOCIATION OF ALBERTA; Respondent: THE SOCIETY OF PROFESSIONAL ACCOUNTANTS OF CANADA
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 4 February 2003
- Procedural Posture
- Appeal / Final Judgment on Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Dismissal for Delay, Exercise of Judicial Discretion, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
THE REGISTERED PUBLIC ACCOUNTANTS ASSOCIATION OF ALBERTA
Appellant
THE SOCIETY OF PROFESSIONAL ACCOUNTANTS OF CANADA
Respondent
Procedural Posture
Appeal / Final Judgment on Appeal
Legal Issues
- 1 Whether the trial judge erred in exercising his discretion to dismiss the action for delay
- 2 Whether the appellate court should intervene in the exercise of discretion absent palpable and overriding error
- 3 Appropriate costs following dismissal for delay
Ratio Decidendi
The appellate court was not persuaded that the trial judge erred in exercising his discretion to dismiss the action for delay and therefore dismissed the appeal and affirmed the dismissal, awarding costs to the respondent.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs of $3,500.00 payable to the Respondent inclusive of disbursements
Full Case Text
Judgment text and source record
1 paragraphs
Alberta (Registered Public Accountants Assn.) v. Society of Professional Accountants of Canada Court (s) Database Federal Court of Appeal Decisions Date 2003-02-04 Neutral citation 2003 FCA 61 File numbers A-186-02 Decision Content Date: 20030204 Docket: A-186-02 Neutral citation: 2003 FCA 61 CORAM: ROTHSTEIN, J.A. EVANS, J.A. MALONE, J.A. BETWEEN: THE REGISTERED PUBLIC ACCOUNTANTS ASSOCIATION OF ALBERTA Appellant - and - THE SOCIETY OF PROFESSIONAL ACCOUNTANTS OF CANADA Respondent Heard at Edmonton, Alberta, on Tuesday, February 4, 2003. Judgment delivered from the Bench at Edmonton, Alberta, on Tuesday, February 4, 2003. REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN, J.A. CONCURRED IN BY: EVANS, J.A. MALONE, J.A. Date: 20030204 Docket: A-186-02 Neutral citation: 2003 FCA 61 CORAM: ROTHSTEIN, J.A. EVANS, J.A. MALONE, J.A. BETWEEN: THE REGISTERED PUBLIC ACCOUNTANTS ASSOCIATION OF ALBERTA Appellant - and - THE SOCIETY OF PROFESSIONAL ACCOUNTANTS OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Edmonton, Alberta, on February 4, 2003. Rothstein, J.A.: [1] In spite of the Appellant's argument, we have not been persuaded that Gibson, J. erred in exercising his discretion to dismiss the Appellant's action for delay. The appeal will be dismissed with costs of $3,500.00 payable to the Respondent inclusive of disbursements. "Marshall Rothstein" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-186-02 STYLE OF CAUSE: THE REGISTERED PUBLIC ACCOUNTANTS ASSOCIATION OF ALBERTA v. THE SOCIETY OF PROFESSIONAL ACCOUNTANTS OF CANADA PLACE OF HEARING: EDMONTON, ALBERTA DATE OF HEARING: FEBRUARY 4, 2002 REASONS FOR JUDGMENT BY ROTHSTEIN, J.A. CONCURRED IN BY: EVANS, J.A. MALONE, J.A. DATED: FEBRUARY 4, 2002 APPEARANCES: Dale A. Strebchuk FOR THE APPELLANT Stéphane Caron FOR THE RESPONDENT SOLICITORS OF RECORD: Peterson Krochak FOR THE APPELLANT Barristers & Solicitors Edmonton, Alberta Gowling Lafleur Henderson LLP FOR THE RESPONDENT Barristers & Solicitors Ottawa, Ontario