A-1005-87
Reginald H. Norberg and Donald J. Sasnett
(Appellants) (Defendants)
v.
Dara M. Wilder and Organic Research Inc. and
Vardax Consultants Inc. (Respondents) (Plain-
tiffs)
and
The Queen in right of Canada, Minister of the
Department of National Revenue, Taxation,
Harry Rogers, John W. Robertson, Bob Roy,
Rodney Jamieson, William Lucas, Philip George
Seagle, Larry B. Moi, M. K. Ma (Defendants)
INDEXED AS: WILDER V. CANADA
Court of Appeal, Pratte, Urie and MacGuigan
JJ.—Vancouver, June 7, 1988.
Federal Court jurisdiction — Trial Division — Appeal from
trial judgment granting leave to serve statement of claim ex
juris allowed in light of Varnam v. Canada (Minister of
National Health and Welfare), [1988] 2 F.C. 454 (C.A.).
CASES JUDICIALLY CONSIDERED
APPLIED:
Varnam v. Canada (Minister of National Health and
Welfare), [1988] 2 F.C. 454 (C.A.).
REVERSED
Wilder v. Canada, [1987] 3 F.C. 45 (T.D.).
COUNSEL
Paul Fraser, Q.C. for appellants (defendants)
Reginald H. Norberg and Donald J. Sasnett.
No one appearing for respondents (plaintiffs)
Dara M. Wilder, Organic Research Inc. and
Vardax Consultants Inc.
Ivan G. Whitehall, Q.C. for defendants The
Queen in right of Canada, Minister of the
Department of National Revenue, Taxation,
Harry Rogers, John W. Robertson, Bob Roy,
Rodney Jamieson, William Lucas, Philip
George Seagle, Larry B. Moi, M. K. Ma.
SOLICITORS:
Clark, Wilson, Vancouver, for appellants
(defendants) Reginald H. Norberg and
Donald J. Sasnett.
Clark, Dymond, Crump, Calgary, for
respondents (plaintiffs) Dara M. Wilder,
Organic Research Inc. and Vardax Consult
ants Inc.
Deputy Attorney General of Canada for
defendants The Queen in right of Canada,
Minister of the Department of National
Revenue, Taxation, Harry Rogers, John W.
Robertson, Bob Roy, Rodney Jamieson, Wil-
liam Lucas, Philip George Seagle, Larry B.
Moi, M. K. Ma.
The following are the reasons for judgment of
the Court delivered orally in English by
PRATTE J.: We are all of opinion that the
decision of the Trial Division [[1987] 3 F.C. 45]
cannot be reconciled with the recent judgment of
this Court in Varnam v. Canada (Minister of
National Health and Welfare) [[1988] 2 F.C. 454
(C.A.)].
The appeal will, for this reason, be allowed, the
decision under attack will be set aside and the
order of Muldoon J., pronounced on March 10,
1987, granting the respondents leave to serve the
amended statement of claim "ex juris" will also be
set aside.
The appellants shall be entitled to their costs of
the appeal and of the preceding applications in the
Trial Division.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.