Docket:
T-1066-13
Citation: 2013 FC 1212
Winnipeg, Manitoba, December 4, 2013
PRESENT:
The Honourable Mr. Justice
O’Reilly
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BETWEEN:
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REG R. DAHL
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Applicant
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and
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REVENUE CANADA
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Respondent
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JUDGMENT AND REASONS
[1]
Mr Dahl has a long list of grievances about his
treatment by the Canada Revenue Agency (CRA). He recently tried to file an
application for judicial review to acquire information in the CRA’s hands about
certain financial particulars relating to his tax matters, as well as auditors’
notes.
[2]
The respondent moved to strike the application
on the basis that Mr Dahl had not identified a decision that could be
judicially reviewed. Even if he had, judicial review was unavailable under the Federal
Courts Act and, further, was out of time. The events about which Mr Dahl
was most concerned took place in 2009 or earlier.
[3]
The respondent’s motion, made in writing, was
decided by Prothonotary Lafrenière on November 4, 2013. Having received no
submissions from Mr Dahl, and being satisfied that there was reliable evidence
that Mr Dahl had been duly served with the relevant notice and motion
materials, Prothonotary Lafrenière granted the respondent’s motion to strike.
He found that Mr Dahl’s application was bereft of any possibility of success.
[4]
Mr Dahl appealed Prothonotary Lafrenière’s
decision and I heard his submissions and those of the respondent at a hearing
on December 2, 2013. Mr Dahl passionately expressed his grievances about his
treatment by the CRA. I do not have enough evidence before me that would allow
me to conclude whether those grievances are well-founded and I do not need to
decide whether they are. Still, I do not doubt the sincerity of Mr Dahl’s
concerns.
[5]
However, as I explained to Mr Dahl, my role is
limited to determining whether Prothonotary Lafrienière erred by striking his
application for judicial review. Mr Dahl did not provide any grounds on which I
could overturn Prothonotary Lafrenière’s decision. While he disputed the
Prothonotary’s finding that he had been duly served with the respondent’s motion
materials, he did not provide any proof to the contrary, either by affidavit or
documentary evidence. Nor did he contest any other of the Prothonotary’s
findings.
[6]
In the circumstances, therefore, there is no basis
on which I could overturn the Prothonotary’s decision. Therefore, I must
dismiss this motion with costs, which I will fix at $500.00.
JUDGMENT
THIS COURT’S JUDGMENT is that:
1. The
motion is dismissed with costs fixed at $500.00.
“James W. O’Reilly”
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