Date: 19980324
Docket: A-83-95
CORAM: THE HONOURABLE MR. JUSTICE STRAYER
THE HONOURABLE MADAME JUSTICE DESJARDINS
THE HONOURABLE MR. JUSTICE ROBERTSON
B E T W E E N:
LORNE BUTCHART
Appellant
(Applicant)
" and "
HER MAJESTY THE QUEEN IN RIGHT OF
CANADA, AS REPRESENTED BY
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
and the ATTORNEY GENERAL OF CANADA
Respondent
(Respondent)
Heard at Ottawa, Ontario, on Tuesday, March 24, 1998
Judgment rendered from the Bench at Ottawa, Ontario, on Tuesday, March 24, 1998
REASONS FOR JUDGMENT OF THE COURT BY: STRAYER J.A.
Date: 19980324
Docket: A-83-95
CORAM: THE HONOURABLE MR. JUSTICE STRAYER
THE HONOURABLE MADAME JUSTICE DESJARDINS
THE HONOURABLE MR. JUSTICE ROBERTSON
B E T W E E N:
LORNE BUTCHART
Appellant
(Applicant)
" and "
HER MAJESTY THE QUEEN IN RIGHT OF
CANADA, AS REPRESENTED BY
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
and the ATTORNEY GENERAL OF CANADA
Respondent
(Respondent)
REASONS FOR JUDGMENT OF THE COURT
"We have concluded that there is no basis for interfering with the exercise of discretion by the motion judge. Given the nature of the proceeding as framed in the Originating Notice of Motion, it was open to her to reach the conclusion she did in refusing to convert this application into an action." |
|
B.L. Strayer
J.A.