Date: 20010510
Docket: 1999-4267-IT-I
BETWEEN:
KEVIN DONAGHY,
Appellant,
and
HER MAJESTY THE QUEEN,
Respondent.
Reasons for Judgment
McArthur J.
[1]
On July 25, 2000, this Court sent a Notice of Hearing to the
Appellant informing him that his appeal would be heard on
September 22, 2000. By letter dated August 31, 2000, the
Appellant requested an adjournment of the hearing because he was
employed and residing in Florida and suggested a hearing in the
spring of 2001. By letter dated September 11, 2000, the Appellant
was informed that the matter would be relisted for hearing after
April 1, 2001.
[2]
By Notice of Hearing dated February 6, 2001, the Appellant was
notified that his appeal was scheduled to proceed for hearing on
April 3, 2001. By faxed letter dated February 19, 2001, the
Appellant requested a further adjournment because of his current
employment in Florida and requested a six-month notification of
the hearing date and suggested sometime after October 2001. By
letter dated February 19, 2001, the Respondent opposed the
adjournment application stating: "The Appellant was given
ample notice of the approximate time period in which he could
expect his appeal to be scheduled for hearing. As such, it is the
Respondent's position that it is unreasonable for the
Appellant to request that his appeal be adjourned for another
eight months". The Appellant was informed by letter dated
February 21, 2001 that the Court denied his second request for an
adjournment.
[3]
The Appellant's father appeared before me on April 3, 2001
requesting an adjournment for the reasons set out above by the
Appellant. The father informed that he was not in a position to
proceed with the hearing of the appeal. Nothing was added in
Court to justify that an adjournment be granted. The Court cannot
afford to accommodate the Appellant's every request. It is
the Appellant's appeal and he must be proactive. The request
for adjournment is denied and the Respondent's motion for
dismissal of the appeal is granted.
Signed at Ottawa, Canada, this 10th day of May, 2001.
"C.H. McArthur"
J.T.C.C.
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