Federal Court of Appeal Decision— January 26, 2015

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On April 24, 2014, we were, in the main, successful in our appeal before Justice Russell. We appealed, to the Federal Court of Appeal, on two minor points. The government crossappealed on the ruling that we can proceed with the bulk of COMER’s action.
On January 26, 2015, the Federal Court of Appeal dismissed our Appeal (on two minor points).
More importantly, the Federal Court of Appeal dismissed the government’s cross-appeal claiming that the Federal Court could not entertain the lawsuit.
Since the Federal Court of Appeal fully upheld the decision of Justice Russell dated April 24, 2014, Justice Russell’s decision stands. I refer everyone to my summary of that decision on COMER’s website.
What that means is that we are entitled to proceed with our action, subject to me drafting and filing an amended Statement of Claim with the Federal Court, which will be done shortly.
In short, and in summary, the decision of the Federal Court of Appeal is a victory for COMER to proceed.
While the government can seek leave of the Federal Court of Appeal’s decision to the Supreme Court of Canada, to date no such indication has been conveyed. The government has until March 29, 2015, to do so.

Rocco Galati, B.A., LL.B., LL.M.

Veronica Campbell’s sketch shows Rocco Galati during the hearing at the Federal Court of Appeal.

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