QUEEN V. JAMES S.A. MACDONALD, 2021 FCA 6

JurisdictionFederal Jurisdiction (Canada)
CourtCourt of Appeal (Canada)
Citation2021 FCA 6
Date19 January 2021
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6 practice notes
  • Canada (Health) v. Elanco Canada Limited,
    • Canada
    • Court of Appeal (Canada)
    • September 24, 2021
    ...the Act. [61] Allowing this appeal and setting aside the Judgment may, as a result of the decision of this Court in The Queen v. MacDonald, 2021 FCA 6, render the Order dated January 17, 2020, fixing costs in the amount of $12,900, a nullity. The Federal Court should therefore address the i......
  • Janssen Inc. v. Apotex Inc., 2023 FC 912
    • Canada
    • Federal Court (Canada)
    • June 28, 2023
    ...(Eli Lilly Canada Inc v Teva Canada Limited, 2018 FCA 53 at para 83) [50] Justice Stratas echoed this view in Canada v MacDonald, 2021 FCA 6: If an appeal is brought, the appeal court can interfere with the order or judgment. Thus, an order or judgment under appeal is not final for the purp......
  • Trigonakis v. Sky Regional Airlines Inc., 2022 FCA 170
    • Canada
    • Court of Appeal (Canada)
    • October 12, 2022
    ...changes. This is the natural operation of the doctrine of finality and Rules 397-399 discussed by this Court in Canada v. MacDonald, 2021 FCA 6. In this case, some of the amendments the Federal Court made to its reasons went beyond these limits. They should not have been made. Accordingly, ......
  • Canadian Union of Public Employees (Air Canada Component) v. Air Canada, 2021 FCA 67
    • Canada
    • Court of Appeal (Canada)
    • March 31, 2021
    ...June 2017 judgment. [17] We cannot overturn that judgment. It was never appealed. Thus, it became final: Canada v. MacDonald, 2021 FCA 6 at paras. 14-15. [18] Under the Federal Court’s judgment in this case, the Tribunal was to redetermine the matter. Given the fact that this matter ......
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6 cases
  • Canada (Health) v. Elanco Canada Limited,
    • Canada
    • Court of Appeal (Canada)
    • September 24, 2021
    ...the Act. [61] Allowing this appeal and setting aside the Judgment may, as a result of the decision of this Court in The Queen v. MacDonald, 2021 FCA 6, render the Order dated January 17, 2020, fixing costs in the amount of $12,900, a nullity. The Federal Court should therefore address the i......
  • Janssen Inc. v. Apotex Inc., 2023 FC 912
    • Canada
    • Federal Court (Canada)
    • June 28, 2023
    ...(Eli Lilly Canada Inc v Teva Canada Limited, 2018 FCA 53 at para 83) [50] Justice Stratas echoed this view in Canada v MacDonald, 2021 FCA 6: If an appeal is brought, the appeal court can interfere with the order or judgment. Thus, an order or judgment under appeal is not final for the purp......
  • Trigonakis v. Sky Regional Airlines Inc., 2022 FCA 170
    • Canada
    • Court of Appeal (Canada)
    • October 12, 2022
    ...changes. This is the natural operation of the doctrine of finality and Rules 397-399 discussed by this Court in Canada v. MacDonald, 2021 FCA 6. In this case, some of the amendments the Federal Court made to its reasons went beyond these limits. They should not have been made. Accordingly, ......
  • Canadian Union of Public Employees (Air Canada Component) v. Air Canada, 2021 FCA 67
    • Canada
    • Court of Appeal (Canada)
    • March 31, 2021
    ...June 2017 judgment. [17] We cannot overturn that judgment. It was never appealed. Thus, it became final: Canada v. MacDonald, 2021 FCA 6 at paras. 14-15. [18] Under the Federal Court’s judgment in this case, the Tribunal was to redetermine the matter. Given the fact that this matter ......
  • Request a trial to view additional results

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