Docket: 2012-4740(IT)G
BETWEEN:
GIOVANNI (JOHN) DI MAURO,
Appellant,
and
HER MAJESTY THE QUEEN,
Respondent.
ORDER
Upon consideration of a written motion made by counsel
for the Appellant seeking leave to file a New Amended Notice of Appeal to
replace his Amended Notice of Appeal, this Court orders that the Appellant’s motion
is dismissed, with costs, in accordance with the attached reasons for order.
Signed at Ottawa, Canada,
this 12th day of April 2016.
“Patrick Boyle”
Docket: 2012-4742(IT)G
BETWEEN:
DEBORA
DO COUTO,
Appellant,
and
HER
MAJESTY THE QUEEN,
Respondent.
ORDER
Upon consideration of a written motion made by counsel
for the Appellant seeking leave to file a New Amended Notice of Appeal to
replace her Amended Notice of Appeal, this Court orders that the Appellant’s
motion is dismissed, with costs, in accordance with the attached reasons for
order
Signed at Ottawa,
Canada, this 12th day of April 2016.
“Patrick Boyle”
Citation: 2016 TCC 87
Date: 20160412
Dockets: 2012-4740(IT)G
2012-4742(IT)G
BETWEEN:
GIOVANNI
(JOHN) DI MAURO,
DEBORA
DO COUTO,
Appellants,
and
HER
MAJESTY THE QUEEN,
Respondent.
REASONS
FOR ORDER
Boyle J.
[1]
The Appellants, Giovanni (John) Di Mauro and
Debora Do Couto, are represented by the same counsel with respect to what they
describe as their Fiscal Arbitrators fictional principal/agent generated
losses. They have each filed motions to file New Amended Notices of Appeal to
replace their Amended Notices of Appeal. They have asked that the motions be
decided based upon their motion material without an appearance. I have reviewed
and considered both parties’ materials for these motions.
[2]
Each of the Appellants previously sought to file
Fresh Amended Notices of Appeal to replace their Amended Notices of Appeal.
This Court did not allow it. Their appeals to the Federal Court of Appeal were
unsuccessful in those regards.
[3]
To the extent the proposed New Amended Notices
of Appeal seek to add facts, matters, issues or reasons sought to be added in
their previous Fresh Amended Notice of Appeal, this motion is highly improper
and inappropriate.
[4]
To the extent the proposed New Amended Notices
of Appeal seek to add a deprivation of property rights without due process Bill of Rights issue, and/or to add an arbitrary deprivation
of property United Nations Universal Declaration of Human Rights issue,
they would not disclose a reasonable cause of action nor have any prospect of
success. These arguments have been made unsuccessfully in Fiscal Arbitrators
cases already: see Oberkirsch and Dupuis (2016 TCC 84). Such new
amendments will not be allowed.
[5]
To the extent the proposed New Amended Notices
of Appeal seek to add a cruel and unusual punishment Charter argument,
counsel has not provided the Court with any support or authority to allow it to
conclude that this is a reasonable cause of action and would have a reasonable
prospect of success. It is not the motions judge’s job to do counsel's work. I
am not satisfied that this would disclose a reasonable ground for appeal.
[6]
The Appellants’ motions are dismissed, with
costs. The appeals are to proceed based on the Amended Notices of Appeal as
specified in the Reasons for Judgment of the Federal Court of Appeal.
Signed at Ottawa, Canada, this 12th day of April 2016.
“Patrick Boyle”
|
CITATION:
|
2016 TCC 87
|
|
COURT FILE
NOS.:
|
2012-4740(IT)G
2012-4742(IT)G
|
|
STYLE OF
CAUSE:
|
GIOVANNI (JOHN) DI MAURO, DEBORA DO COUTO, v. THE QUEEN
|
|
REASONS FOR
ORDER BY:
|
The Honourable Justice Patrick Boyle
|
|
DATE OF
ORDER:
|
April 12, 2016
|
REPRESENTATIVES:
|
Counsel for the Appellants:
|
Joel Allan
Sumner
|
|
Counsel for
the Respondent:
|
H. Annette Evans
|
COUNSEL OF
RECORD:
For the Appellants:
|
Name:
|
Joel
Allan Sumner
|
|
Firm:
|
Sumner Law
Toronto,
Ontario
|
|
For the Respondent:
|
William F. Pentney
Deputy Attorney General of Canada
Ottawa, Canada
|
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