Date: 20110506
Docket: T-1558-10
Citation: 2011
FC 529
Vancouver, British
Columbia,
May 6, 2011
PRESENT: The Honourable Mr. Justice Pinard
BETWEEN:
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KEITH DAVID LAWSON,
A NATURALPERSON
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Applicant
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and
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THE MINISTER OF NATIONAL REVENUE AS THE
MINISTER RESPONSIBLE FOR THE CANADA REVENUE AGENCY
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Respondent
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REASONS FOR ORDER AND ORDER
[1]
The
applicant’s appeal, pursuant to Rule 51 of the Federal Courts Rules, of
the order of Prothonotary Lafrenière dated March 29, 2011, denying his
motion to amend his notice of application is dismissed, as upon either a de
novo review or a more deferential review of the Prothonotary’s discretion,
the order is obviously correct.
[2]
First, the
sought amendments constitute a collateral attack on the applicant’s potential
tax liabilities and search warrants issued by the BC Provincial Court which fall outside this Court’s
jurisdiction.
[3]
Second, the
applicant challenges primarily administrative and investigatory steps of government
officials that are not capable of being judicially reviewed.
[4]
Third, the
applicant’s allegations respecting the Minister’s application for a search
warrant under the Criminal Code versus the Income Tax Act (or the
Excise Tax Act) have no chance of success (see R v Multiform
Manufacturing Co, [1990] 2 S.C.R. 624; and R v Grant, [1993] 3 S.C.R. 233
at paras. 40-43).
[5]
Fourth, it
is clear, therefore, that the proposed amendments would not facilitate the
determination of the real questions in controversy between the parties, and
would not serve the interests of justice.
[6]
Consequently,
the applicant’s motion will be dismissed with costs in an amount fixed at $750.
ORDER
THIS COURT ORDERS that the Applicant’s motion is
dismissed with costs in an amount fixed at $750.
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I
HEREBY CERTIFY that the above document is a true copy of the
original filed of record in the Registry of the Federal Court the _________
day of ______________________________, A.D. 20________
Dated this _____ day of _________________, 20_____
_____________________________________________
Alastair Hull, Registry Officer
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“Yvon
Pinard”
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-1558-10
STYLE OF CAUSE: KEITH
DAVID LAWSON, A Natural Person v. THE MINISTER OF NATIONAL REVENUE as the
Minister Responsible for the Canada Revenue Agency
MOTION IN WRITING CONSIDERED AT VANCOUVER, BRITISH COLUMBIA, PURSUANT TO RULE 369
REASONS FOR ORDER
AND ORDER: PINARD
J.
DATED: May 6, 2011
WRITTEN REPRESENTATIONS BY:
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Keith David Lawson
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FOR THE APPLICANT
(self-represented)
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David Everett
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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n/a
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FOR THE APPLICANT
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Myles J. Kirvan
Deputy Attorney General of Canada
Vancouver, BC
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FOR THE RESPONDENT
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