Federal Court of Appeal Decisions

Decision Information

Bedada v. Canada (Solicitor General)

Court (s) Database Federal Court of Appeal Decisions
Date 2008-02-28
Neutral citation 2008 FCA 79
File numbers A-121-07

Decision Content

Date: 20080228

Docket: A-121-07

Citation:  2008 FCA 79

 

CORAM:       DÉCARY J.A.

                        LÉTOURNEAU J.A.            

                        SHARLOW J.A.

 

BETWEEN:

DANIEL BEDADA

Appellant

(Applicant)

and

SOLICITOR GENERAL

Respondent

(Respondent)

 

 

Heard at Winnipeg, Manitoba, on February 28, 2008.

Judgment delivered at Winnipeg, Manitoba, on February 28, 2008.

 

REASONS FOR JUDGMENT BY:                                                     DÉCARY J.A.

Date: 20080228

Docket: A-121-07

Citation: 2008 FCA 79

 

CORAM:       DÉCARY J.A.

                        LÉTOURNEAU J.A.            

                        SHARLOW J.A.

 

BETWEEN:

DANIEL BEDADA

Appellant

(Applicant)

and

 

 

SOLICITOR GENERAL

Respondent

(Respondent)

 

REASONS FOR JUDGMENT

DÉCARY J.A.

[1]               Despite the able submissions of Mr. Matas, we have not been persuaded that Mr. Justice Phelan committed any reviewable error when he found that the claim had become moot by the time it was argued before him (2007 FC 121).

[2]               Nor have we been persuaded that the Judge, having found that the case was moot, erred when in the exercise of his discretion, he decided to dismiss the application without deciding its merit.

[3]               The appeal will be dismissed with costs.

"Robert Décary"

J.A. 


FEDERAL COURT OF APPEAL

 

NAMES OF COUNSEL AND SOLICITORS OF RECORD

 

 

 

DOCKET:                                                                              A-121-07

 

(APPEAL FROM A JUDGMENT OF THE FEDERAL COURT DATED FEBRUARY 5, 2007, DOCKET NO. T-371-05)

 

STYLE OF CAUSE:                                                              DANIEL BEDADA v.

                                                                                                SOLICITOR GENERAL

 

PLACE OF HEARING:                                                        Winnipeg, MB

 

 

DATE OF HEARING:                                                          February 28, 2008

 

 

REASONS FOR JUDGMENT OF THE COURT BY:       Décary, Létourneau, Sharlow JJ.A.

 

DELIVERED FROM THE BENCH BY:                            Décary, J.A.

 

 

 

APPEARANCES:

 

Mr. David Matas

FOR THE APPELLANT

 

Mr. Scott Farlinger

FOR THE RESPONDENT

 

 

SOLICITORS OF RECORD:

 

David Matas, Barrister & Solicitor

Winnipeg, MB

 

FOR THE APPELLANT

John H. Sims, Q.C.,

Deputy Attorney General of Canada – Ottawa, ON

FOR THE RESPONDENT

                 

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