Stubicar v. Canada
The Federal Court judge properly granted summary judgment because the action was statute-barred by s.106 of the Customs Act and the appellant's case rested on speculative allegations that did not raise a genuine issue requiring trial.
Source-derived case information.
- Citation
- 2013 FCA 239
- Parties
- Appellant: Vlasta Stubicar; Respondent: Her Majesty the Queen in Right of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 8 October 2013
- Procedural Posture
- Appeal From Federal Court (summary Judgment Under S.213 Federal Courts Rules) / Appeal Decision (judgment Delivered)
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Statute Bar, Limitation Period, Summary Judgment, Customs Act S.106, Federal Courts Rules R.213
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vlasta Stubicar
Appellant
Her Majesty the Queen in Right of Canada
Respondent
Procedural Posture
Appeal From Federal Court (summary Judgment Under S.213 Federal Courts Rules) / Appeal Decision (judgment Delivered)
Legal Issues
- 1 Whether the action is statute-barred under s.106 of the Customs Act
- 2 Whether the Federal Court judge erred in granting summary judgment under r.213 of the Federal Courts Rules
- 3 Whether the appellant raised a genuine issue for trial or relied on mere speculation
Ratio Decidendi
The Federal Court judge properly granted summary judgment because the action was statute-barred by s.106 of the Customs Act and the appellant's case rested on speculative allegations that did not raise a genuine issue requiring trial.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
- Summary judgment of the Federal Court upholding dismissal of the action as statute-barred under s.106 of the Customs Act affirmed.
Full Case Text
Judgment text and source record
1 paragraphs
Stubicar v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2013-10-08 Neutral citation 2013 FCA 239 File numbers A-531-12 Decision Content Date: 20131008 Docket: A-531-12 Citation: 2013 FCA 239 CORAM: NOËL J.A. GAUTHIER J.A. WEBB J.A. BETWEEN: Vlasta STUBICAR Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent Heard at Ottawa, Ontario, on October 8, 2013. Judgment delivered from the Bench at Ottawa, Ontario, on October 8, 2013. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20131008 Docket: A-531-12 Citation: 2013 FCA 239 CORAM: NOËL J.A. GAUTHIER J.A. WEBB J.A. BETWEEN: Vlasta STUBICAR Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on October 8, 2013.) NOËL J.A. [1] This is an appeal from a judgment of Gagné J. of the Federal Court (the Federal Court judge) granting a motion for summary judgment under section 213 of the Federal Courts Rules, SOR/98-106, and dismissing Ms Vlasta Stubicar’s (the appellant) action, on the ground that it is statute-barred pursuant to section 106 of the Customs Act, R.S.C. 1985, c. 1 (2nd Supp.) and that it otherwise raises no genuine issue for trial. [2] The appellant is obviously troubled by nefarious scenarios which are based on speculation. The reason why she wishes to be authorized to pursue her action is the hope that she may be able to extract from the other side evidence validating her scenarios. It goes without saying that an action that is based on speculation should not be allowed to proceed. [3] Considering the allegations set out in the Amended Statement of Claim, the evidence and the appellant’s arguments, we can detect no reviewable error in the decision of the Federal Court judge to bring this matter to an end. In our view, granting summary judgment was appropriate in this case. [4] The appeal will be dismissed with costs. “Marc Noël” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD Docket: A-531-12 APPEAL FROM A JUDGMENT OF HONOURABLE MADAM JUSTICE GAGNÉ OF THE FEDERAL COURT OF CANADA DATED NOVEMBER 29, 2012, DOCKET NO. T-2102-10. DOCKET: A-531-12 STYLE OF CAUSE: Vlasta STUBICAR v. HER MAJESTY THE QUEEN IN RIGHT OF CANADA PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: October 8, 2013 REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. GAUTHIER J.A. WEBB J.A. DELIVERED FROM THE BENCH BY: NOËL J.A. APPEARANCES: Vlasta Stubicar For The Appellant (on her own behalf) Max Binnie For The Respondent SOLICITORS OF RECORD: William F. Pentney Deputy Attorney General of Canada For The Respondent