Davitt v. Canada (National Revenue), 2007 FCA 235

Date: 20070615

Docket: A-387-06

Citation: 2007 FCA 235

CORAM:       NOËL J.A.

                        EVANS J.A.

                        SHARLOW J.A.

BETWEEN:

WILIAM SHAWN DAVITT

Appellant

and

THE MINISTER OF NATIONAL REVENUE

Respondent

Dealt with in writing without appearance of parties.

Judgment delivered at Ottawa, Ontario, on June 15, 2007.

REASONS FOR JUDGMENT BY:                                                                                   NOËL J.A.

CONCURRED IN BY:                                                                                                   EVANS J.A.

SHARLOW J.A.

Date: 20070615

Docket: A-387-06

Citation: 2007 FCA 235

CORAM:       NOËL J.A.

                        EVANS J.A.

                        SHARLOW J.A.

BETWEEN:

WILIAM SHAWN DAVITT

Appellant

and

THE MINISTER OF NATIONAL REVENUE

Respondent

REASONS FOR JUDGMENT

NOËL J.A.

[1]        A notice of status review was issued on April 30, 2007 requesting the appellant to show cause why his appeal should not be dismissed for delay.  On May 30, 2007, the appellant who is self-represented filed a written submission indicating that his appeal should not be dismissed and that he intends to bring a motion regarding the contents of the Appeal Book before September 30, 2007.

[2]        Annexed as “Exhibit A” to the submission filed by the appellant is a document which outlines what the appellant describes as “the ultimate issue in this appeal” (submission, para. 2).  It is apparent from a review of this document that the appeal brought by the appellant has no possible chance of success and that it should accordingly be dismissed at this stage.

[3]        Judgment is issued accordingly.

“Marc Noël”

“I agree

        John M. Evans J.A.”

“I agree

        K. Sharlow J.A.”

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                              A-387-06

STYLE OF CAUSE:                                                              WILLIAM SHAWN DAVITT

                                                                                                AND THE MINISTER OF NATIONAL REVENUE

MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES

REASONS FOR JUDGMENT BY:                                     NOËL J.A.

CONCURRED IN BY:                                                         EVANS J.A.

                                                                                                SHARLOW J.A.

DATED:                                                                                 June 15, 2007

WRITTEN REPRESENTATIONS BY:

SOLICITORS OF RECORD: