Date:20001114

Docket:A-224-99

CORAM:      THE CHIEF JUSTICE

         DÉCARY J.A.

         NOËL J.A.

BETWEEN:

LOUISE MARTIN, ANDRE MARTIN and MICHEL MARTIN,

minor by their Litigation Guardian, LOUISE MARTIN

Appellants

- and -

HER MAJESTY THE QUEEN IN RIGHT OF CANADA,

BY HER MINISTER OF EMPLOYMENT AND IMMIGRATION

Respondent

Heard at Toronto, Ontario, Tuesday, November 14, 2000

Judgment delivered from the Bench at Toronto, Ontario,

on Tuesday, November 14, 2000

                                        

                                   

REASONS FOR JUDGMENT OF THE COURT PRONOUNCED BY: NOËL J.A.

Date: 20001114

Docket: A-224-99

CORAM:      THE CHIEF JUSTICE

         DÉCARY J.A.

         NOËL J.A.

BETWEEN:

LOUISE MARTIN, ANDRE MARTIN and MICHEL MARTIN,

minor, by their Litigation Guardian, LOUISE MARTIN

Appellants

- and -

HER MAJESTY THE QUEEN IN RIGHT OF CANADA,

BY HER MINISTER OF EMPLOYMENT AND IMMIGRATION

Respondent

    

     REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Toronto, Ontario

on Tuesday, November 14, 2000)

NOËL J.A.

_.      This is an appeal from a decision of Gibson J. holding that the respondent was not liable for the damages sustained by Ms. Martin as a result of the sexual assault committed against her by an individual who was, at the time, the subject of a deportation order issued pursuant to the Immigration Act (R.S.C. 1985, c. I-2 as amended).1

_.      The Trial Judge came to the conclusion that the respondent owed no private law duty to Ms. Martin because she did not belong to a class of people sufficiently narrow to create a relationship of proximity. He held in the alternative that if such a duty was owed to Ms. Martin, it had not been breached.

_.      The appellants attack both findings. We need not pronounce ourselves on the first since we all agree that it was open to Gibson J. to hold that, in any event, no breach of duty was established on the evidence before him. The appellants having been unable to point to a manifest error on the part of the Trial Judge in reaching this conclusion, the appeal cannot succeed.

_.      The appeal will therefore be dismissed with costs.

                                         "Marc Noël"

J.A.

FEDERAL COURT OF CANADA

Names of Counsel and Solicitors of Record

DOCKET:A-224-99

STYLE OF CAUSE:LOUISE MARTIN, ANDRE MARTIN and MICHEL MARTIN, minor by their Litigation Guardian, LOUISE MARTIN

Appellants

- and -

HER MAJESTY THE QUEEN IN RIGHT OF CANADA, BY HER MINISTER OF EMPLOYMENT AND IMMIGRATION

Respondent

DATE OF HEARING:TUESDAY, NOVEMBER 14, 2000

PLACE OF HEARING:TORONTO, ONTARIO

REASONS FOR JUDGMENT

PRONOUNCED BY:NOËL J.A.

Delivered at Toronto, Ontario on Tuesday, November 14, 2000

APPEARANCES:Ms. Lou Anne Farrell, and

Mr. David Waites

For the Appellants

Ms. Dale Yurka, and

Ms. Cheryl Kerr

For the Respondent

SOLICITORS OF RECORD:Lerner & Associates

Barristers & Solicitors

80 Dufferin Ave.

PO Box 2335, Stn. B

London, Ontario

N6A 4G4

For the Appellants

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent

FEDERAL COURT OF APPEAL

Date: 20001114

Docket: A-224-99

                       

                        BETWEEN:

LOUISE MARTIN, ANDRE MARTIN and MICHEL MARTIN, minor by their Litigation Guardian, LOUISE MARTIN

     Appellants

    

     - and -            

    

    

                

HER MAJESTY THE QUEEN IN RIGHT OF CANADA, BY HER MINISTER OF EMPLOYMENT AND IMMIGRATION

     Respondent

                       

                       

REASONS FOR JUDGMENT

OF THE COURT

                       

__________________

¹Reported: Martin v. Canada (Minister of Employment and Immigration) (1999), 161 F.T.R. 127.