RICHARD TIMM Appellant v. HER MAJESTY THE, 2015 FCA 230

Date: 20151027 Docket: A-41-15 Citation: 2015 FCA 230 CORAM: NADON J.A. TRUDEL J.A. SCOTT J.A. BETWEEN: RICHARD TIMM Appellant and HER MAJESTY THE QUEEN Respondent Heard at Montréal, Quebec, on October 27, 2015. Judgement delivered from the Bench at Montréal, Quebec, on October 27, 2015. REASONS FOR JUDGMENT OF THE COURT BY: TRUDEL J.A. Date: 20151027 Docket: A-41-15 Citation: 2015 FCA 230 CORAM: NADON J.A. TRUDEL J.A. SCOTT J.A.

BETWEEN: RICHARD TIMM Appellant and HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on October 27, 2015.) TRUDEL J.A. [ 1 ] Litigants are entitled to coherent reasons that allow them to understand why they have won or lost their case, especially when it comes to an order allowing a motion for

summary judgment dismissing an action without the plaintiff being accorded a hearing. [ 2 ] Here, the Federal Court judge issued an order with reasons in the form of a

preamble (a speaking order) from which it is impossible to tell why he dismissed the appellant’s action (Docket No. T-1445-13). [ 3 ] We sympathize with the appellant’s argument that a reasonable person who is well-informed of the facts of the case could, upon objective review of these facts, fear that the judge hearing the motion was biased or, at the very least, that the appellant’s judicial history led the judge to form an opinion too quickly.

[ 4 ] This argument specifically refers to the second and third paragraphs of page 2 of the order under appeal, where the judge began by describing the appellant’s judicial history, even though this description was quite unnecessary for the disposal of the motion. [ 5 ] Having said that, we do not have to decide this issue given that we agree that the inadequacy of the reasons given by the Federal Court is sufficient to dispose of this appeal. [ 6 ] Consequently, the appeal will be allowed with costs, the decision of the Federal Court dated January 2, 2015, will be set aside, and the matter will be referred back to the Chief Justice of the Federal Court so that the motion can be redetermined by another judge of this court. “Johanne Trudel” J.A.

TRANSLATION FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-41-15 STYLE OF CAUSE: RICHARD TIMM v. HER MAJESTY THE QUEEN PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: October 27, 2015 REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. TRUDEL J.A. SCOTT J.A. DELIVERED FROM THE BENCH BY: TRUDEL J.A. APPEARANCES : Pierre Tabah Julie Durocher For the appellant Toni Abi Nasr For the respondent SOLICITORS OF RECORD : Labelle, Côté, Tabah et Associés Saint-Jérôme Durocher & Durocher, avocats Ltée Saint-Jérôme For the appellant

William F. Pentney Deputy Attorney General of Canada For the respondent