PRACTICE |
Dismissal of Proceedings |
Kitkatla Band v. Canada (Minister of Fisheries and Oceans)
A-187-00
Evans J.A.
26/7/00
4 pp.
Motion under r. 369 seeking order appeal be dismissed as moot--Decision under appeal dismissing motion by appellant for interim injunction to restrain respondents from approving opening of certain fisheries in year 2000, pending hearing of application for judicial review--Following decision, respondents approved opening of fisheries in question for just over 13 hours in March 2000--Respondents' reply to appellant's memorandum correct: given matter moot as fisheries will not be opened again this year, not appropriate case for Court to allow appeal to continue in exercise of discretion--Open to appellant to proceed with main application for judicial review not yet heard--Motion allowed--Federal Court Rules, 1998, SOR/98-106, r. 369.