PRACTICE |
Judgments and Orders |
Coca-Cola Ltd. v. Musadiq Pardhan
A-93-00
2003 FCA 11, Malone J.A.
14/1/03
13 pp.
Reversal or Variation Appellants seek to set aside three orders made by Lutfy A.C.J.--First, appellants argue principal deficiency because affidavits upon which orders granted did not provide full and frank disclosure required in ex parte motions--Ex parte applications brought on urgent basis with little time to prepare supporting materials, therefore orders should not be set aside on account of mere imperfections in affidavits or because inconsequential facts not disclosed--Court decided conclusion amply supported by evidence, thus no basis for intervention by Federal Court of Appeal--Second, as to Charter argument, not necessary to decide in present case whether person charged with contempt of court for disobeying court order in civil matter entitled to protection of Charter--Court not persuaded present case appropriate case to consider Charter argument raised for first time on appeal--Appeal dismissed.