Date: 20030514
Docket: A-126-02
Citation: 2003 FCA 226
BETWEEN:
THE INFORMATION COMMISSIONER OF CANADA
Appellant
and
THE ATTORNEY GENERAL OF CANADA
and JANICE COCHRANE
Respondents
Heard at Ottawa, Ontario, on May 14, 2003.
Judgment delivered from the Bench at Ottawa, Ontario, on May 14, 2003.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20030514
Docket: A-126-02
Citation: 2003 FCA 226
CORAM: RICHARD C.J.
NOËL J.A.
SEXTON J.A.
BETWEEN:
THE INFORMATION COMMISSIONER OF CANADA
Appellant
and
THE ATTORNEY GENERAL OF CANADA
and JANICE COCHRANE
Respondents
REASONS FOR JUDGMENT OF THE COURT
Delivered from the Bench at Ottawa, Ontario, on May 14, 2003
[1] At the opening of the hearing, counsel for the respondents brought a motion for the dismissal of the appeals on the basis that the issue between the parties had become moot.
[2] After having considered the representations of the respective parties, we are satisfied that the present appeals are indeed moot, and as the underlying issue, which involves the validity of two subpoenas, is essentially fact driven we are not satisfied that this Court should exercise its discretion to hear the appeals.
[3] The appeals will accordingly be dismissed. No order is made as to costs.
"Marc Noël"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKETS:A-126-02 and A-127-02
STYLE OF CAUSE: The Information Commissioner of Canada and The Attorney General of Canada and Janice Cochrane
PLACE OF HEARING:Ottawa, Ontario
DATE OF HEARING:May 14, 2003
REASONS FOR JUDGMENT OF THE COURT (Richard C.J., Noël, Sexton JJ.A.)
RENDERED FROM THE BENCH BY: Noël J.A.
APPEARANCES:
Mr. Michael Phelan
Mr. Daniel Bruent
Mr. Marc-Aurèle Racicot FOR THE APPELLANT
Mr. Alain PréfontaineFOR THE RESPONDENTS
SOLICITORS OF RECORD:
Ogilvy Renault
Ottawa, Ontario
Office of the Information Commissioner of Canada
Ottawa, Ontario FOR THE APPELLANT
Mr. Morris Rosenberg
Deputy Attorney General of Canada FOR THE RESPONDENTS