Sheppard v. Canada (Commissioner For Federal Judicial Affairs) (1998)

Federal Court Reports

Sheppard v. Canada (Commissioner for Federal Judicial Affairs) (C.A.) [1998] 4 F.C. D49

Date: 19980909

Docket: A-712-97

CORAM: STONE, J.A.

STRAYER, J.A.

DESJARDINS, J.A.

BETWEEN:

MR. JUSTICE JOHN E. SHEPPARD

Applicant

(Appellant)

- and -

THE COMMISSIONER FOR FEDERAL JUDICIAL AFFAIRS

Respondent

(Respondent)

Docket: A-714-97

BETWEEN:

THE COMMISSIONER FOR FEDERAL JUDICIAL AFFAIRS

Respondent

(Appellant)

- and -

MR. JUSTICE THOMAS A. BECKETT

Applicant

(Respondent)

Heard at Toronto, Ontario, Thursday, July 2, 1998.

Judgment delivered at Ottawa, Ontario, Wednesday, September 9, 1998.

REASONS FOR JUDGMENT BY: STONE J.A.

CONCURRED IN BY: STRAYER J.A.

DESJARDINS J.A.

Date: 19980909

Docket: A-712-97

CORAM: STONE, J.A.

STRAYER, J.A.

DESJARDINS, J.A.

BETWEEN:

MR. JUSTICE JOHN E. SHEPPARD

Applicant

(Appellant)

- and -

THE COMMISSIONER FOR FEDERAL JUDICIAL AFFAIRS

Respondent

(Respondent)

Docket: A-714-97

BETWEEN:

THE COMMISSIONER FOR FEDERAL JUDICIAL AFFAIRS

Respondent

(Appellant)

- and -

MR. JUSTICE THOMAS A. BECKETT

Applicant

(Respondent)

REASONS FOR JUDGMENT

STONE, J.A.

[1] These matters concern two orders of the Trial Division dated September 18, 1997, in which the Motions Judge declared that the Commissioner is liable pursuant to the Judges Act , R.S.C. 1985, c. J-1, as amended (the "Act"), to pay the expenses to each of Mr. Justice Sheppard and Mr. Justice Beckett for travel back and forth between their respective places of residence in Ontario and their chambers in the courthouse within the region to which they are assigned as judges of the Ontario Court (General Division). Mr. Justice Sheppard appeals the order concerning his travel claims in part, and the Commissioner has brought a cross-appeal of that order....

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