BETWEEN:
and
ROBERT MEREDITH AND BRIAN ROACH
(representing all members of the Royal Canadian Mounted Police)
Heard at Ottawa, Ontario, on November 12, 2009.
Judgment delivered from the Bench at Ottawa, Ontario, on November 12, 2009.
REASONS FOR JUDGMENT OF THE COURT BY: BLAIS C.J.
Docket: A-239-09
Citation: 2009 FCA 326
CORAM: BLAIS C.J.
LAYDEN-STEVENSON J.A.
RYER J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Appellant
and
ROBERT MEREDITH AND BRIAN ROACH
(representing all members of the Royal Canadian Mounted Police)
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on November 12, 2009)
[1] This is an appeal from the June 1, 2009 decision of Justice Lemieux of the Federal Court granting a motion to amend an application for judicial review.
[2] This decision to amend is a discretionary one, and should only be overturned where the motion judge misdirected himself to the applicable law or made a palpable error in the assessment of facts.
[3] We have not been persuaded by the appellant in the unique and specific circumstances of this matter that we should intervene.
[4] The motion judge addressed the arguments raised by the appellant in the concluding portion of his endorsement.
[5] This appeal will be dismissed with costs.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-239-09
Appeal from a decision of Justice Lemieux of the Federal Court, June 1, 2009 (T-50-09).
STYLE OF CAUSE: AGC v. Robert Meredith and
Brian Roach
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: November 12, 2009
REASONS FOR JUDGMENT OF THE COURT BY: BLAIS C.J.
LAYDEN-STEVENSON J.A.
RYER J.A.
DELIVERED FROM THE BENCH BY: BLAIS C.J.
APPEARANCES:
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FOR THE APPELLANT
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Deputy Attorney General of Canada Ottawa, Ontario
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FOR THE APPELLANT
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Barristers & Solicitors Ottawa, Ontario |
FOR THE RESPONDENTS
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