FEDERAL COURT JURISDICTION |
Trial Division |
Samson Indian Nation and Band v. Canada
A-39-01
2001 FCA 282, Desjardins J.A.
26/9/01
3 pp.
Appeal from written order of Teitelbaum J. excluding as inadmissible expert report tendered by appellants--Court without jurisdiction to pronounce on evidentiary ruling made by Trial Judge--Federal Court Act, s. 27 applied--In Saint John Shipbuilding & Dry Dock Co. Ltd. v. Kingsland Maritime Corp., [1979] 1 F.C. 523 (C.A.), Court decided without jurisdiction to hear appeal from Trial Judge's order delivered orally during course of trial refusing to permit introduction, marking as exhibit of letter from respondent during cross-examination of witness by appellant--Appeal dismissed--Federal Court Act, R.S.C., 1985, c. F-7, s. 27 (as am. by R.S.C., 1985 (4th Supp.), c. 51, s. 11; S.C. 1990, c. 8, ss. 7, 78(1); 1993, c. 27, s. 214).