Date: 20070913
Docket: A-584-06
Citation: 2007 FCA 283
CORAM: RICHARD C.J.
SEXTON
J.A.
SHARLOW
J.A.
BETWEEN:
MINISTER OF NATIONAL REVENUE
Appellant
and
ASHOK KUMAR
Respondent
Heard at Toronto, Ontario, on September
13, 2007.
Judgment delivered from the
Bench at Toronto,
Ontario, on September 13, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD
C.J.
Date: 20070913
Docket: A-584-06
Citation: 2007 FCA 283
CORAM: RICHARD C.J.
SEXTON
J.A.
SHARLOW
J.A.
BETWEEN:
MINISTER OF NATIONAL REVENUE
Appellant
and
ASHOK KUMAR
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Judgment delivered from the Bench at Toronto, Ontario, on September 13, 2007)
RICHARD C.J.
[1]
This is an
appeal from a decision of Justice Hugessen (2006 FC 1470) dismissing the motion
of the appellant Minister of National Revenue to strike certain parts of the
statement of claim in Federal Court No. T-1708-02, and for summary dismissal of
the action pursuant to Rule 213 of the Federal Courts Rules.
[2]
In our
view, Justice Hugessen properly exercised his discretion in dismissing the
motion.
[3]
The appeal
will be dismissed with costs.
“J. Richard”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-584-06
(An appeal from the order of Mr. Justice
Hugessen, dated December 6, 2006, whereby the Appellant’s motion for summary
judgment was dismissed. Trial file No: T-1708-02.)
STYLE OF CAUSE: MINISTER OF NATIONAL REVENUE
Appellant
and
ASHOK
KUMAR
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: SEPTEMBER 13,
2007
REASONS FOR JUDGMENT
OF THE COURT BY: (RICHARD
C.J., SEXTON J.A. & SHARLOW J.A.)
DELIVERED FROM THE
BENCH BY: RICHARD
C.J.
APPEARANCES:
|
Mr. Christopher
Parke
|
FOR THE APPELLANT
|
|
Mr. Matthew
Wilton
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
John H. Sims, Q.C.
Deputy Attorney General of Canada
|
FOR THE
APPELLANT
|
|
Matthew Wilton
and Associates,
Barristers & Solicitors
Toronto, Ontario
|
FOR THE
RESPONDENT
|
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