Date: 20160125
Docket: A-265-15
Citation: 2016 FCA 22
CORAM: |
PELLETIER J.A. DE MONTIGNY J.A. GLEASON J.A. |
BETWEEN: |
THE PRIME MINISTER OF CANADA AND THE GOVERNOR GENERAL OF CANADA |
Appellants |
And |
ANIZ ALANI |
Respondent |
Heard at Vancouver, British Columbia, on January 25, 2016.
Judgment delivered from the Bench at Vancouver, British Columbia, on January 25, 2016.
REASONS FOR JUDGMENT OF THE COURT BY: |
PELLETIER J.A. |
Date: 20160125
Docket: A-265-15
Citation: 2016 FCA 22
CORAM: |
PELLETIER J.A. DE MONTIGNY J.A. GLEASON J.A. |
BETWEEN: |
THE PRIME MINISTER OF CANADA AND THE GOVERNOR GENERAL OF CANADA |
Appellants |
and |
ANIZ ALANI |
Respondent |
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia, on January 25, 2016).
PELLETIER J.A.
[1] We have not been persuaded that the motions judge erred in concluding that it was not plain and obvious that Mr. Alani's application was bound to fail.
[2] We further add that, notwithstanding the Supreme Court's decision in Hryniak v. Mauldin, 2014 SCC 7, [2014] 1 S.C.R. 87, it is preferable that the important and complex issues raised by the application, if they are to be decided, be decided on as complete a record as possible.
[3] The appeal will be dismissed with costs fixed in the amount of $1,500 all inclusive.
"J.D. Denis Pelletier"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Docket: |
A-265-15 |
(APPEAL FROM AN ORDER OF THE HONOURABLE MR. JUSTICE HARRINGTON OF THE FEDERAL COURT, DATED MAY 21, 2015, DOCKET NO. T-2506-14)
STYLE OF CAUSE: |
THE PRIME MINISTER OF CANADA AND THE GOVERNOR GENERAL OF CANADA v. ANIZ ALANI |
|
|
PLACE OF HEARING: |
Vancouver, British Columbia |
||
DATE OF HEARING: |
January 25, 2016 |
||
REASONS FOR JUDGMENT OF THE COURT BY: |
PELLETIER J.A. DE MONTIGNY J.A. GLEASON J.A. |
||
DELIVERED FROM THE BENCH BY: |
PELLETIER J.A. |
||
APPEARANCES:
Jan Brongers Oliver Pulleyblank |
For The Appellants |
Aniz Alani |
For The Respondent |
SOLICITORS OF RECORD:
William F. Pentney Deputy Attorney General of Canada Ottawa, Ontario |
For The Appellants |
Self-Represented Vancouver, British Columbia |
For The Respondent |