O’Connor T.C.J. (Orally) .
THE REGISTRAR: Before the Court, case number 96-1390 (IT)G, between Russell Sykes and Her Majesty the Queen. Counsel for the Respondent Tom Torrie.
MR. TORRIE: Your Honour, Mr. Sykes is not here. There has been some correspondence between me and Mr. Sykes, and I think to the Court as well. In a letter dated July 16th, he indicated that he was not going to be showing up. I don’t know if you want to wait the half hour before I make my motion to dismiss or you’ll hear it now.
HIS HONOUR: I think I’m obliged. I’m just wondering about the other case for Mrs. Sykes.
MR. TORRIE: Right. That follows this case.
HIS HONOUR: So I guess we can only call that one --
MR. TORRIE: Can we call that one now as well, or should we wait until ten o’clock? It was to follow, so maybe that’s the procedure we have to follow.
HIS HONOUR: Okay. All of these people are not Sykes, in other words.
MR. TORRIE: No.
HIS HONOUR: These are people from your side?
MR. TORRIE: They’re from Revenue Canada and the Department of Justice.
HIS HONOUR: Okay. I think we have to do that. We have to - if it’s going to be a half-hour thing, we have to wait for Mr. Russell Sykes, to see whether he’s coming and then if he doesn’t, we’ll have to dismiss it. And then we will call Shirley Sykes.
— PROCEEDINGS RECESSED AT 9:35 A.M.
— PROCEEDINGS RESUMED AT 10:05 A.M.
HIS HONOUR: Yes.
MR. TORRIE: Your Honour, it’s now five after ten, the Appellant still hasn’t shown up. I’d like to make a motion to have his appeal dismissed for his failure to appear, pursuant to Rule 140 of the General Procedure Rules.
HIS HONOUR: I just want to make sure with the Court Reporter that truly 30 minutes has gone by.
COURT REPORTER: Yes, it has.
HIS HONOUR: Yes, the appeal is dismissed for want of prosecution.
— PROCEEDINGS CONCLUDED AT 10:06 A.M.
Application allowed.
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