Date: 20041021
Docket: A-105-04
Citation: 2004 FCA 356
CORAM: LINDEN J.A.
SEXTON J.A.
SHARLOW J.A.
BETWEEN:
TREVOR NICHOLAS CONSTRUCTION CO. LIMITED
Appellant
and
HER MAJESTY THE QUEEN AS REPRESENTED
BY THE MINISTER FOR PUBLIC WORKS
Respondent
Heard at Toronto, Ontario, on October 21st, 2004
Judgment delivered from the Bench at Toronto, Ontario, on October 21, 2004
REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A.
Date: 20041021
Docket: A-105-04
Citation: 2004 FCA 356
SEXTON J.A.
SHARLOW J.A.
BETWEEN:
TREVOR NICHOLAS CONSTRUCTION CO. LIMITED
Appellant
and
HER MAJESTY THE QUEEN AS REPRESENTED
BY THE MINISTER FOR PUBLIC WORKS
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on October 20, 2004)
[1] We are of the view that the decision dated February 16, 2004 that is being appealed is unimpeachable.
[2] The Motions Judge rightly concluded that, in the circumstances of this case, the Prothonotary had jurisdiction to decide the issues before her. (SeeTempo Marble v. Mecklenburg 1 (The) [2002] F.C.J. No. 1605).
[3] The Motions Judge invoked and applied the correct standard of review in these matters as postulated in Canada v. Aqua-Gem Investments Ltd. [1993] 2 F.C. 425 (C.A.) per MacGuigan J.A..
[4] The appeal will, therefore, be dismissed, with costs of $500 payable forthwith by the Appellant to the Respondent.
"A. M. Linden"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-105-04
STYLE OF CAUSE: TREVOR NICHOLAS CONSTRUCTION CO. LIMITED
Appellant
and
HER MAJESTY THE QUEEN AS REPRESENTED
BY THE MINISTER FOR PUBLIC WORKS
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: OCTOBER 20 , 2004
REASONS FOR JUDGMENT
OF THE COURT: (LINDEN, SEXTON, SHARLOW JJ.A.]
DELIVERED FROM THE
BENCH BY: LINDEN J.A.
APPEARANCES:
John Susin FOR APPELLANT
Company Representative
Christopher Parke FOR RESPONDENT
SOLICITORS OF RECORD:
Company Representative
(Non Counsel) FOR APPELLANT
Morris Rosenberg FOR RESPONDENT
Deputy Attorney General of Canada