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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.
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