BETWEEN:
ASSOCIATION DES CREVETTIERS ACADIENS DU GOLFE INC.,
duly incorporated under the laws of New Brunswick,
MICHEL LÉGÈRE, in his personal capacity and in his capacity as representative of
the Association des crevettiers acadiens du Golfe inc.,
ASSOCIATION DES PÊCHEURS DE CREVETTES DE MATANE INC.,
duly incorporated under the laws of Quebec,
PIERRE CANTIN, in his personal capacity and in his capacity as representative of
the Association des Pêcheurs de crevettes de Matane inc., and O’NEIL BOND.
and
Heard at Montréal, Quebec, on March 25, 2010.
Judgment delivered from the Bench at Montréal, Quebec, on March 25, 2010.
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
Docket: A‑284‑09
Citation: 2010 FCA 86
CORAM: BLAIS C.J.
NADON J.A.
TRUDEL J.A.
BETWEEN:
ASSOCIATION DES CREVETTIERS ACADIENS DU GOLFE INC.,
duly incorporated under the laws of New Brunswick,
MICHEL LÉGÈRE, in his personal capacity and in his capacity as representative of
the Association des crevettiers acadiens du Golfe inc.,
ASSOCIATION DES PÊCHEURS DE CREVETTES DE MATANE INC.,
duly incorporated under the laws of Quebec,
PIERRE CANTIN, in his personal capacity and in his capacity as representative of
the Association des Pêcheurs de crevettes de Matane inc., and O’NEIL BOND.
Appellants
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montréal, Quebec, on March 25, 2010)
[1] In the circumstances of the case and taking into account the scope of the request for production of materials in the appellants’ motion, this Court is of the opinion that although it cannot fully subscribe to the reasoning of Prothonotary Tahib, she did not err in law or err in her appreciation of the facts in making her decision. In other words, we are not satisfied that the Prothonotary was clearly wrong or applied a wrong principle in exercising her discretion.
[2] This Court is also of the opinion that the Prothonotary’s decision does not in any way raise a question determinative of the outcome of the case. Accordingly, Justice Harrington was correct not to intervene.
[3] For these reasons, the appeal will be dismissed with costs.
“M. Nadon”
J.A.
Certified true translation
Sarah Burns
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A‑285‑09
STYLE OF CAUSE: ASSOCIATION DES CREVETTIERS ACADIENS DU GOLFE INC. v. ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: March 25, 2010
REASONS FOR JUDGMENT OF THE COURT BY: Blais C.J.
Nadon J.A.
Trudel J.A.
DELIVERED FROM THE BENCH BY: Nadon J.A.
APPEARANCES:
|
Patrick Ferland |
FOR THE APPELLANTS
|
|
Jean‑Robert Noiseux |
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Montréal, Quebec
|
FOR THE APPELLANTS
|
|
Deputy Attorney General of Canada |
FOR THE RESPONDENT
|