Date: 20080424
Docket: A-246-05
Citation: 2008 FCA
155
Present: SHARLOW J.A.
BETWEEN:
WILLEM VANKERK
ELSBETH VANKERK
Appellants
and
HER
MAJESTY THE QUEEN
Respondent
Dealt with in writing without appearance
of parties.
Order delivered at Ottawa, Ontario,
on April 24, 2008.
REASONS
FOR ORDER BY: SHARLOW
J.A.
Date: 20080424
Docket: A-246-05
Citation: 2008 FCA 155
Present: SHARLOW
J.A.
BETWEEN:
WILLEM VANKERK
ELSBETH VANKERK
Appellants
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR ORDER
SHARLOW J.A.
[1]
The appellants are
seeking an order for payment of approximately $350 standing to their credit in
an account held by the Court. The respondent, the Crown, objects to the
payment.
[2]
The amount in the Court
account represents interest earned on $4,774.75 that the appellants were
ordered to pay into Court as security for costs in an income tax appeal. When
the appeal was unsuccessful (2006 FCA 96), the Crown sought and obtained an
order for payment of the $4,774.45 in satisfaction of its award of costs.
[3]
The Crown does not
suggest that the accrued interest is not the property of the appellants, but
objects to the payment because they have an outstanding income tax liability.
In my view, that is not a valid objection to the appellants’ request to receive
the money that belongs to them.
[4]
An order will be made
requiring the accrued interest to be paid in trust to the solicitors for the
appellants.
“K.
Sharlow”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-246-05
STYLE OF CAUSE: WILLEM
VANKERK
ELSBETH
VANKERK
v.
HER MAJESTY THE QUEEN
MOTION DEALT WITH IN WRITING WITHOUT
APPEARANCE OF PARTIES
REASONS FOR ORDER BY: SHARLOW J.A.
DATED: APRIL 24, 2008
WRITTEN REPRESENTATIONS BY:
|
John McDonald
|
FOR THE APPELLANTS
|
|
Harry
Erlichman
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
John McDonald
Cambridge, Ontario
|
FOR THE APPELLANTS
|
|
John H. Sims,
Q.C.
Deputy Attorney General of Canada
Ottawa, Ontario
|
FOR THE RESPONDENT
|
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