1205273 Ontario Ltd. v. Canada (Customs and Revenue Agency), 2001 FCT 833, 2001 FCT 831, 2001 FCT 832

Date: 20010725

Docket: T-600-01

Neutral citation: 2001 FCT 833

Toronto, Ontario, Wednesday, the 25^th day of July, 2001

PRESENT:      Peter A. K. Giles, Esquire

Associate Senior Prothonotary

BETWEEN:

1205273 ONTARIO LIMITED

Applicant

- and -

CANADA CUSTOMS AND REVENUE AGENCY

Respondent

                    REASONS FOR ORDER AND ORDER

[1] An application is a proceeding permitted in the circumstances set out in Rule 300. The purported authorization for this application is Rule 300(b). That sub Rule applies the part to proceedings authorized by an act of parliament.

[2]    It is argued that the Privacy Act and the Income Tax Act contained the necessary authorizations. The Respondent to the application and moving party to this motion has in my view correctly indicated that there is no authorization in either the Privacy Act or the Income Tax Act which would enable the Applicant to obtain the information of a taxpayer other than himself without that taxpayer's consent. This application is therefore, futile and the motion will be granted.

                                               ORDER

UPON motion, dated the 18^th day of May, 2001 on behalf of the Respondent, for:

1.         An Order striking the Applicant's Notice of Application, dated April 5, 2001;

2.         In the alternative, an extension of time within which to serve and file the Respondent's motion record in reply to the Applicant's Notice of Motion, dated May 8, 2001, pursuant to Rule 8 of the Rules;

3.         Costs; and

4.         Such further and other relief that this Honourable Court deems just.

IT IS ORDERED THAT:

The application is truck out.

"Peter A.K. Giles"

                                                                                                  A.S.P.                        

Toronto, Ontario

July 25, 2001

FEDERAL COURT OF CANADA

Names of Counsel and Solicitors of Record

COURT NO:                                        T-600-01

STYLE OF CAUSE:                             1205273 ONTARIO LIMITED

Applicant

- and -

CANADA CUSTOMS AND REVENUE AGENCY

Respondent

CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369

REASONS FOR ORDER

AND ORDER BY:                                GILES A.S.P.

DATED:                                                WEDNESDAY, JULY 25, 2001

WRITTEN SUBMISSIONS BY:      Ms. Panorea Katapodis

For the Applicant

Ms. Suzanne M. Bruce

For the Respondent

SOLICITORS OF RECORD:           1205273 Ontario Limited

1698 Queen Street East

Toronto, Ontario

M4L 1G6

For the Applicant

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent

FEDERAL COURT OF CANADA

                            Date: 20010725

                                                                                                 Docket: T-600-01

Between:

1205273 ONTARIO LIMITED

Applicant

- and -

CANADA CUSTOMS AND REVENUE

AGENCY

Respondent

REASONS FOR ORDER

AND ORDER