Yashcheshen v. The Queen, 2004 TCC 106

Citation:2004TCC106

Date: 20040129

Docket: 2001-162(IT)G

BETWEEN:

DANIEL YASHCHESHEN,

Appellant,

and

HER MAJESTY THE QUEEN,

Respondent.

____________________________________________________________________

Motion heard on January 29, 2004, at Ottawa, Ontario

By: The Honourable Justice D.W. Beaubier
Appearances:
For the Appellant:	The Appellant himself
Counsel for the Respondent:	Perry Derksen

ORDER AND REASONS FOR ORDER

[1]      This Notice of Motion filed January 15, 2004 by the Respondent was heard by telephone conference call on January 29, 2004. It is for orders:

          (1)      Dismissing the Appeal, or

(2)     Directing the Appellant to produce listed documents, extending times and adjourning the hearing.

It is supported by the affidavit of Shannon Zorn dated January 15, 2004.

[2]      The Appellant is self-represented. The assessments appealed are for unreported income from the sales of used cars in Regina, Saskatchewan, in the years 1993, 1994 and 1995, and for penalties for failing to file income tax returns on a timely basis and failure to report income.

[3]      This proceeding has been the subject of successive interminable delays because the Appellant did not do very much and Respondent's counsel did not do very much about that except consent, and bring long distance telephone motions.

[4]      The latest delays arise from failures by both parties to act pursuant to a motion heard December 23, 2003 and a Court Order issued that day. The Appellant failed to deliver documents to Respondent's counsel in Winnipeg and as a result, Respondent's counsel cancelled an Examination for Discovery in Regina set for January 19 and 20, 2004, and brought this motion.

[5]      In other words, Respondent's counsel did not go to Regina, examine and conduct discovery on what documents were presented and then, if he thought it necessary, bring this motion or go to trial and object to any inappropriate documents or evidence.

[6]      The motion heard on January 29, 2004 merely confirmed the foregoing findings.

[7]      As a result it is Ordered that:

1.        The Appellant shall produce the outstanding documents in the Respondent's counsel's office on or before 12:00 noon, Winnipeg time, on February 4, 2004.

2.        The Appellant shall not be entitled to produce any further documents after that time and date.

3.        Examinations for discovery for both parties shall be completed by 5:00 p.m., Regina time, on February 27, 2004. The Respondent is entitled to name its own nominee for examination for discovery.

4.        Any undertakings arising from these examinations shall be completed on or before 12:00 noon, Regina time, on March 4, 2004.

5.        The hearing will proceed as already ordered on March 8, 2004.

6.        Any motion brought by either party henceforth will be brought on 24 hours notice and heard by telephone conference call.

Signed at Saskatoon, Saskatchewan on this 29th day of January, 2004.

Beaubier, J.

CITATION:

2004TCC106

COURT FILE NO.:

200-162(IT)G

STYLE OF CAUSE:

Daniel Yashcheshen v. The Queen

PLACE OF HEARING:

Ottawa, Ontario

DATE OF HEARING:

January 29, 2004

REASONS FOR JUDGMENT BY:

The Honourable Justice Beaubier

DATE OF JUDGMENT:

January 29, 2004

APPEARANCES:

For the Appellant:

The Appellant himself

Counsel for the Respondent:

Perry Derksen

COUNSEL OF RECORD:

For the Appellant:

Name:

Firm:

For the Respondent:

Morris Rosenberg Deputy Attorney General of Canada Ottawa, Canada