Date: 20020115
Docket: A-838-00
Neutral citation: 2002 FCA 13
CORAM: STRAYER J.A.
ROTHSTEIN J.A.
SEXTON J.A.
BETWEEN:
MATTHEW McBAIN
Appellant
and
THE MINISTER OF NATIONAL REVENUE
Respondent
Heard at Toronto, Ontario, on January 14, 2002
Judgment delivered from the Bench at Toronto, Ontario on January 14, 2002
REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A.
Date: 20020115
Docket: A-838-00
Neutral citation: 2002 FCA 13
CORAM: STRAYER J.A.
ROTHSTEIN J.A.
SEXTON J.A.
BETWEEN:
MATTHEW McBAIN
Appellant
and
THE MINISTER OF NATIONAL REVENUE
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Monday, January 14, 2002)
ROTHSTEIN J.A.
[1] Decisions on applications to extend time are discretionary. This Court will not interfere with such discretionary decisions unless the motions judge misapprehended the facts or erred in law. No misapprehension of the facts or error of law has been demonstrated by the Appellant here. The appeal will be dismissed.
"Marshall Rothstein"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-838-00
STYLE OF CAUSE: MATTHEW McBAIN
Appellant
- and -
THE MINISTER OF NATIONAL REVENUE
Respondent
DATE OF HEARING: MONDAY, JANUARY 14, 2002
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: ROTHSTEIN J.A.
DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON MONDAY, JANUARY 14, 2002.
APPEARANCES BY: Mr. Matthew McBain
For the Appellant, on his own behalf
Ms. Andrea Horton
For the Respondent
SOLICITORS OF RECORD: Matthew McBain
84 Crescent Ave.
St. Thomas, Ontario
N5P 2K3
For the Appellant, on his own behalf
Morris Rosenberg
Deputy Attorney General of Canada
FEDERAL COURT OF APPEAL
Date: 20020115
Docket: A-838-00
BETWEEN:
MATTHEW McBAIN
Appellant
- and -
THE MINISTER OF NATIONAL REVENUE
Respondent
REASONS FOR JUDGMENT
OF THE COURT