Federal Court of Appeal Decisions

Decision Information

Coady v. Canada (Public Prosecutions)

Court (s) Database Federal Court of Appeal Decisions
Date 2009-12-08
Neutral citation 2009 FCA 360
File numbers A-478-08

Decision Content

Date: 20091208

Docket: A-478-08

Citation: 2009 FCA 360

 

CORAM:       BLAIS C.J.

                        NADON J.A.

                        TRUDEL J.A.

 

BETWEEN:

MARTHA COADY

Appellant

and

THE DIRECTOR OF PUBLIC PROSECUTIONS,

THE ROYAL CANADIAN MOUNTED POLICE AS

REPRESENTED BY THE DEPUTY COMMISSIONER OF THE

RCMP and THE ATTORNEY GENERAL FOR ONTARIO

Respondents

 

 

 

Heard at Ottawa, Ontario, on December 8, 2009.

Judgment delivered from the Bench at Ottawa, Ontario, on December 8, 2009.

 

REASONS FOR JUDGMENT OF THE COURT BY:                                                      BLAIS C.J.

 

Date: 20091208

Docket: A-478-08

Citation: 2009 FCA 360

 

CORAM:       BLAIS C.J.

                        NADON J.A.

                        TRUDEL J.A.

 

BETWEEN:

MARTHA COADY

Appellant

and

THE DIRECTOR OF PUBLIC PROSECUTIONS,

THE ROYAL CANADIAN MOUNTED POLICE AS

REPRESENTED BY THE DEPUTY COMMISSIONER OF THE

RCMP and THE ATTORNEY GENERAL FOR ONTARIO

Respondents

 

 

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Ottawa, Ontario, on December 8, 2009)

 

BLAIS C.J.

[1]   While the motions judge erred in his determination of the test for the granting of an order under rule 377(1), it had no impact on the final outcome. By any measure, the appellant was not able to demonstrate even on the basis of the less onerous criteria, that there was a serious issue to be tried.

 

[2]   As the error had no incidence on the ultimate decision, the appeal will be dismissed with costs established at $985.

 

 

 

 

“Pierre Blais”

Chief Justice

 

 

 

 

FEDERAL COURT OF APPEAL

 

NAMES OF COUNSEL AND SOLICITORS OF RECORD

 

DOCKET:                                                                              A-478-08

 

appeal from an order of Mr. Justice Martineau, FEDERAL cOURT, September 22, 2008 (T-268-08)

 

STYLE OF CAUSE:                                                              Martha Coady v.The Director of                                                                                                           Public Prosecutions, The Royal                                                                                                             Canadian Mounted Police as                                                                                                                 represented by the Deputy                                                                                                                    Commissioner of the RCMP and the                                                                                                     Attorney General for Ontario

PLACE OF HEARING:                                                        Ottawa, Ontario

 

DATE OF HEARING:                                                          December 8, 2009

 

REASONS FOR JUDGMENT OF THE COURT BY:       BLAIS C.J., NADON,

                                                                                                TRUDEL JJ.A.

 

DELIVERED FROM THE BENCH BY:                            BLAIS C.J.

 

APPEARANCES:

 

Self represented

FOR THE APPELLANT

 

 

Alexandre Kaufman

For the respondents (The Director of Public Prosecutions, The Royal Canadian Mounted Police)

 

 

SOLICITORS OF RECORD:

 

N/A

FOR THE APPELLANT

 

 

John H. Sims, Q.C.

Deputy Attorney General of Canada

Ottawa, Ontario

FOR THE RESPONDENTS (The Director of Public Prosecutions, The Royal Canadian Mounted Police)

 

 

 

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