Date: 20010423 Docket: A-728-99
CORAM: ROTHSTEIN, J.A. NOËL, J.A. SHARLOW, J.A.
BETWEEN:
BEMAR CONSTRUCTION LTD.
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
Heard at Edmonton, Alberta, on Monday, April 23rd, 2001.
JUDGMENT delivered at Edmonton, Alberta, on Monday, April 23rd, 2001.
REASONS FOR JUDGMENT BY: Rothstein, J.A.
CONCURRED IN BY: Noël, J.A. Sharlow, J.A.
Date: 20010423 Docket: A-728-99 Citation: 2001 FCA 117
CORAM: ROTHSTEIN, J.A. NOËL, J.A. SHARLOW, J.A.
BETWEEN:
BEMAR CONSTRUCTION LTD.
Appellant
-and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT
ROTHSTEIN, J.A.:
[1] We have not been persuaded that Gibson, J. erred in granting the Respondent's application for summary judgment. The appeal will be dismissed with costs.
"Marshall E. Rothstein"
EDMONTON, Alberta April 23 `d, 2001.
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-728-99
STYLE OF CAUSE: BEMAR CONSTRUCTION LTD. v. HER MAJESTY THE QUEEN
PLACE OF HEARING: EDMONTON, ALBERTA
DATE OF HEARING: APRIL 23rd , 2001
REASONS FOR JUDGMENT BY ROTHSTEIN, J.A.
CONCURRED IN BY: NOËL, J.A. SHARLOW, J.A.
DATED: APRIL 23, 2001
APPEARANCES:
Roger C. Stephens FOR THE APPELLANT
W. Brad Hardstaff FOR THE RESPONDENT Department of Justice
SOLICITORS OF RECORD:
Simon and Stephens FOR THE APPELLANT Edmonton, Alberta
Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada