Canada (Minister of National Revenue) v. Coffrages Universel Ltée., 2002 FCT 172

                                                                                                                                            Date: 20020214

                                                                                                                                  Docket: ITA-8621-95

Neutral Citation: 2002 FCT 172

Montréal, Quebec, February 14, 2002

Present:          Mr. Richard Morneau, Prothonotary

IN THE MATTER OF THE INCOME TAX ACT

and

IN THE MATTER OF AN ASSESSMENT OR ASSESSMENTS LEVIED BY THE MINISTER OF NATIONAL REVENUE UNDER ONE OR MORE OF THE FOLLOWING ACTS:

THE INCOME TAX ACT,

THE CANADA PENSION PLAN,

THE EMPLOYMENT INSURANCE ACT,

AGAINST:

COFFRAGES UNIVERSEL LIMITÉE

Judgment Debtor

Motion by the judgment debtor for an order declaring invalid "the summons to appear and production of documents" that was served on it on January 25, 2002.

REASONS FOR ORDER AND ORDER

[1]         It is necessary hereby:

TO DISMISS this motion;

TO ORDER André Pomerleau, on behalf of Coffrages Universel Limitée, to undergo his examination on February 26, 2002 at 9:30 a.m. in the same place as the one indicated in the summons to appear dated January 24, 2002, which was served on him in this matter (the summons);

TO ORDER André Pomerleau, on behalf of Coffrages Universel Limitée, to bring with him on the summons the documents prescribed in the summons;

THE WHOLE, with costs against Coffrages Universel Limitée payable forthwith.

[2]         The above order is appropriate since the judgment debtor has not persuaded me that it is unable to locate and identify the documents sought by the Crown. Furthermore, there is nothing in sections 230 or 240 of the Income Tax Act, R.S.C. 1985 (5^th Supp.), as amended, that would reduce in this case the judgement creditor's right to proceed under the rules of this Court with an examination of a representative of the judgment debtor concerning the latter's property and debts.

Richard Morneau

Prothonotary

Certified true translation

Suzanne M. Gauthier, LL.L., Trad. a.

FEDERAL COURT OF CANADA

TRIAL DIVISION

Date: 20020214

                                                    Docket: ITA-8621-95

In the matter of the Income Tax Act

- and -

In the matter of an assessment or assessments levied by the minister of national revenue under one or more of the following acts: the Income Tax Act, the Canada Pension Plan, the Employment Insurance Act,

AGAINST:

COFFRAGES UNIVERSEL LIMITÉE

Judgment Debtor

REASONS FOR ORDER

AND ORDER

FEDERAL COURT OF CANADA

TRIAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET NO:                          ITA-8621-95   

STYLE:                                       In the matter of the Income Tax Act

- and -

In the matter of an assessment or assessments levied by the minister of national revenue under one or more of the following acts: the Income Tax Act, the Canada Pension Plan, the Employment Insurance Act,

AGAINST:

COFFRAGES UNIVERSEL LIMITÉE

Judgment Debtor

PLACE OF HEARING:            Montréal, Quebec

DATE OF HEARING: February 11, 2002

REASONS FOR ORDER OF Mr. RICHARD MORNEAU, PROTHONOTARY

DATED:                                     February 14, 2002

APPEARANCES:

Jacques Renaud                                                                              for the judgment debtor

Sophie-Lyne Lefebvre                                                    for Her Majesty the Queen

SOLICITORS OF RECORD:

Renaud Brodeur                                                                             for the judgment debtor

Montréal, Quebec

Sophie-Lyne Lefebvre                                                     for Her Majesty the Queen

Department of Justice of Canada