Docket: 2005-2500(EI)
BETWEEN:
CRYSTAL NEWELL,
Appellant,
and
THE MINISTER OF NATIONAL REVENUE,
Respondent.
____________________________________________________________________
Application
called for hearing on September 25, 2006,
at Yarmouth, Nova Scotia
Before: The Honourable
Justice C.H. McArthur
Appearances:
|
For the Appellant:
|
No one
appeared
|
|
Counsel for the Respondent:
|
Martin Hickey
|
____________________________________________________________________
ORDER
Whereas the Appellant was not present in
Court when her application to set aside the Judgment dated June 7, 2006, was
called for hearing although duly notified of the time and place of the hearing;
And whereas no one appeared on her behalf;
And whereas counsel for the Respondent moved
for dismissal of the application;
The Appellant’s application to set aside the
Judgment dated June 7, 2006 is denied.
Signed at Ottawa,
Canada, this 13th day of May 2008.
“C.H. McArthur”
Citation: 2008TCC295
Date: 20080513
Docket: 2005-2500(EI)
BETWEEN:
CRYSTAL NEWELL,
Appellant,
and
THE MINISTER OF NATIONAL REVENUE,
Respondent.
REASONS FOR ORDER
McArthur J.
[1]
The Appellant’s hearing
was properly set down for May 30, 2006. A request for adjournment by the
Appellant on May 23, 2006, was denied.
[2]
There was no one in
attendance for the Appellant on May 30, 2006. The Respondent’s counsel appeared
with three witnesses, two of them from Halifax.
Upon motion by the Respondent, the appeal was dismissed and Judgment was issued
on June 7, 2006.
[3]
On or about August 18,
2006, the Appellant’s representative, Ronnie Newell, applied to have the
Judgment set aside.
[4]
By letter to this Court
dated September 14, 2006, the Respondent’s counsel wrote a comprehensive
comment requesting that the Appellant’s application be dismissed.
[5]
In a letter dated
September 21, 2006, with next day delivery, the Court sent the following Notice
of Hearing to the Appellant’s representative:
Reference is made to voicemail messages left on your answering
machine on September 20th, 2006 and September 21st, 2006
in which I confirm the written direction of the court, dated September 20th,
2006 setting down the above noted matter for a motion to be heard in the court.
Please accept this letter as confirmation that your Motion to Set Aside the
Judgment of Justice McArthur, dated June 7th, 2006 will be heard on
Monday, September 25th, at 9:30 a.m. at the Town Hall, Town of Yarmouth, 400 Main
Street, Yarmouth, Nova Scotia.
[6]
The Appellant or her
representative were not in attendance in Court on September 25, 2006 from 9:30
a.m. until 11:07 a.m. when the Court adjourned. At this time, I reserved
judgment to permit Mr. R. Newell, agent for the Appellant, to present his
request Tuesday through to Friday inclusive, of September 26, 27, 28 or 29,
2006 at a time of his choosing in Halifax. I believe he
was made aware of this by the local registrar and the Ottawa Coordinator. He
appears to have lived about mid-way between Yarmouth and Halifax. He did not take advantage of this accommodation.
[7]
To give the Appellant
further time to contact the Court, my decision was withheld. The Appellant has
not contacted the Court during this long delay and her application is denied.
Signed at Ottawa, Canada, this 13th day of May 2008.
“C.H. McArthur”
CITATION: 2008TCC295
COURT FILE NO.: 2005-2500(EI)
STYLE OF CAUSE: CRYSTAL NEWELL AND MINISTER OF NATIONAL REVENUE
PLACE OF HEARING: Yarmouth, Nova Scotia
DATE OF HEARING: September 25, 2006
REASONS FOR ORDER
BY: The Honourable Justice C.H. McArthur
DATE OF ORDER: May 13, 2008
APPEARANCES:
|
For the
Appellant:
|
No one appeared
|
|
Counsel for the
Respondent:
|
Martin Hickey
|
COUNSEL OF RECORD:
For the Appellant: n/a
Name:
Firm:
For the
Respondent: John H. Sims, Q.C.
Deputy
Attorney General of Canada
Ottawa,
Canada
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