THE PRIME MINISTER OF CANADA v. THE GOVERNOR GENERAL OF CANADA, 2016 FCA 22
Opinion
Date: 20160125 Docket: A-265-15 Citation: 2016 FCA 22 CORAM: PELLETIER J.A. DE MONTIGNY J.A. GLEASON J.A. BETWEEN: THE PRIME MINISTER OF CANADA AND THE GOVERNOR GENERAL OF CANADA Appellants And ANIZ ALANI Respondent Heard at Vancouver, British Columbia, on January 25, 2016. Judgment delivered from the Bench at Vancouver, British Columbia, on January 25, 2016. REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A. Date: 20160125 Docket: A-265-15 Citation: 2016 FCA 22 CORAM: PELLETIER J.A. DE MONTIGNY J.A. GLEASON J.A.
BETWEEN: THE PRIME MINISTER OF CANADA AND THE GOVERNOR GENERAL OF CANADA Appellants and ANIZ ALANI Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver, British Columbia, on January 25, 2016). PELLETIER J.A. [ 1 ] We have not been persuaded that the motions judge erred in concluding that it was not plain and obvious that Mr. Alani's application was bound to fail. [ 2 ] We further add that, notwithstanding the Supreme Court's decision in Hryniak v.
Mauldin , 2014 SCC 7 , [2014] 1 S.C.R. 87, it is preferable that the important and complex issues raised by the application, if they are to be decided, be decided on as complete a record as possible. [ 3 ] The appeal will be dismissed with costs fixed in the amount of $1,500 all inclusive. "J.D. Denis Pelletier" J.A.
FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD Docket: A-265-15 (APPEAL FROM AN ORDER OF THE HONOURABLE MR. JUSTICE HARRINGTON OF THE FEDERAL COURT, DATED MAY 21, 2015, DOCKET NO. T-2506-14) STYLE OF CAUSE: THE PRIME MINISTER OF CANADA AND THE GOVERNOR GENERAL OF CANADA v. ANIZ ALANI PLACE OF HEARING: Vancouver, British Columbia DATE OF HEARING: January 25, 2016 REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A. DE MONTIGNY J.A. GLEASON J.A. DELIVERED FROM THE BENCH BY: PELLETIER J.A.
APPEARANCES : Jan Brongers Oliver Pulleyblank For The Appellants Aniz Alani For The Respondent SOLICITORS OF RECORD : William F. Pentney Deputy Attorney General of Canada Ottawa, Ontario For The Appellants Self-Represented Vancouver, British Columbia For The Respondent
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