A-689-81
Government of the Republic of Italy (Appellant)
v.
The Honourable Mr. Justice Jean-Guy Boilard
and Francesco Piperno (Respondents)
Court of Appeal, Pratte, Ryan and Le Dain JJ.—
Ottawa, November 13, 1981.
Prerogative writs — Mandamus — Extradition — Appeal
from Trial Judge's decision, that this is not a case which can
give rise to mandamus, is dismissed.
APPEAL.
COUNSEL:
Joseph R. Nuss, Q.C. for appellant.
Pierre Poupart and Michel F. Denis for
respondents.
SOLICITORS:
Ahern, Nuss & Drymer, Montreal, for
appellant.
Pierre Poupart and Michel F. Denis, Mon-
treal, for respondents.
The following is the English version of the
reasons for judgment of the Court delivered orally
by
PRATTE J.: We are all of the opinion that Addy
J. [[1982] 1 F.C. 833] properly held that, even
assuming that the decision of Boilard J. is incor
rect, this is not a case which can give rise to
mandamus. The error allegedly committed by Boi-
lard J. is within the scope of his jurisdiction.
For this reason, and without expressing any
opinion as to the admissibility of the evidence
rejected by Boilard J., the appeal will be dismissed
with costs.
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