Federal Court of Appeal - Maritimes & Northeast Pipeline Ltd. Partnership v. Elliott

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Date: 20050614

Docket: A-261-04

Citation: 2005 FCA 229

CORAM: DÉCARY J.A.

NADON J.A.

PELLETIER J.A.

BETWEEN:

CLAYTON ELLIOTT and LINDA ELLIOTT

Appellants

and

MARITIMES & NORTHEAST PIPELINE LIMITED PARTNERSHIP

BY ITS GENERAL PARTNER, MARITIMES & NORTHTEAST

PIPELINE MANAGEMENT LTD.

Respondent

Heard at Halifax, Nova Scotia, on June 14, 2005.

Judgment delivered from the Bench at Halifax, Nova Scotia, on June 14, 2005.

REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.

Date: 20050614

Docket: A-261-04

Citation: 2005 FCA 229

CORAM: DÉCARY J.A.

NADON J.A.

PELLETIER J.A.

BETWEEN:

CLAYTON ELLIOTT and LINDA L. ELLIOTT

Appellants

and

MARITIMES & NORTHEAST PIPELINE LIMITED PARTNERSHIP

BY ITS GENERAL PARTNER, MARITIMES & NORTHEAST

PIPELINE MANAGEMENT LTD.

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Halifax, Nova Scotia, on June 14, 2005)

DÉCARY J.A.

Despite the able pleadings of Mr Pineo, we have not been persuaded that Madam Justice Layden-Stevenson erred in any way that would justify our intervention.

The appeal will be dismissed with costs.

___"Robert Décary"

J.A.

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET: A-261-04

(APPEAL FROM AN ORDER OF THE FEDERAL COURT DATED APRIL 13, 2004, IN COURT FILE NO. T-1491-02)

STYLE OF CAUSE: Clayton Elliott and Linda Elliott v. Maritimes & Northeast Pipeline et al

PLACE OF HEARING: Halifax, Nova Scotia

DATE OF HEARING: June 14, 2005

REASONS FOR JUDGMENT OF THE COURT BY: DICARY, NADON, PELLETIER JJ.A.

DELIVERED FROM THE BENCH BY: DICARY J.A.

APPEARANCES:

Robert Pineo

FOR THE APPELLANT

Martin Kay Q.C.

FOR THE RESPONDENT

SOLICITORS OF RECORD:

Patterson Palmer, Truro, NS	FOR THE APPELLANT
Bennett Jones LLP, Calgary AB	FOR THE RESPONDENT