Redeemer Foundation v. Canada (Minister of National Revenue)
Court headnote
Redeemer Foundation v. Canada (Minister of National Revenue) Court (s) Database Federal Court of Appeal Decisions Date 2005-06-15 Neutral citation 2005 FCA 233 File numbers A-157-05 Decision Content Date: 20050615 Docket: A-157-05 Citation: 2005 FCA 233 CORAM: ROTHSTEIN J.A. EVANS J.A. MALONE J.A. BETWEEN: REDEEMER FOUNDATION Respondent and THE MINISTER OF NATIONAL REVENUE Appellant Heard at Toronto, Ontario, on June 15, 2005. Judgment delivered from the Bench at Toronto, Ontario, on June 15, 2005. REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A. Date: 20050615 Docket: A-157-05 Citation: 2005 FCA 233 CORAM: ROTHSTEIN J.A. EVANS J.A. MALONE J.A. BETWEEN: REDEEMER FOUNDATION Respondent and THE MINISTER OF NATIONAL REVENUE Appellant REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on June 15, 2005) EVANS J.A. [1] This is an appeal by the Minister of National Revenue from an order of Rouleau J. of the Federal Court, dated April 11, 2005, permitting Redeemer Foundation to file a notice of application for judicial review, even though more than 30 days had elapsed since the decision sought to be challenged was made. [2] Having heard full and able arguments advanced on behalf of the parties, and having considered the criteria relevant to the exercise of discretion for the grant of an extension of time to file an application for judicial review, we are not persuaded that the Motions Judge made any reversible error when he dismissed the appellant's motio…
Read full judgment
Redeemer Foundation v. Canada (Minister of National Revenue) Court (s) Database Federal Court of Appeal Decisions Date 2005-06-15 Neutral citation 2005 FCA 233 File numbers A-157-05 Decision Content Date: 20050615 Docket: A-157-05 Citation: 2005 FCA 233 CORAM: ROTHSTEIN J.A. EVANS J.A. MALONE J.A. BETWEEN: REDEEMER FOUNDATION Respondent and THE MINISTER OF NATIONAL REVENUE Appellant Heard at Toronto, Ontario, on June 15, 2005. Judgment delivered from the Bench at Toronto, Ontario, on June 15, 2005. REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A. Date: 20050615 Docket: A-157-05 Citation: 2005 FCA 233 CORAM: ROTHSTEIN J.A. EVANS J.A. MALONE J.A. BETWEEN: REDEEMER FOUNDATION Respondent and THE MINISTER OF NATIONAL REVENUE Appellant REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on June 15, 2005) EVANS J.A. [1] This is an appeal by the Minister of National Revenue from an order of Rouleau J. of the Federal Court, dated April 11, 2005, permitting Redeemer Foundation to file a notice of application for judicial review, even though more than 30 days had elapsed since the decision sought to be challenged was made. [2] Having heard full and able arguments advanced on behalf of the parties, and having considered the criteria relevant to the exercise of discretion for the grant of an extension of time to file an application for judicial review, we are not persuaded that the Motions Judge made any reversible error when he dismissed the appellant's motion for an adjournment and, in the exercise of his discretion, granted the respondent's motion for an extension of time for filing its notice of application for judicial review. [3] For these reasons, the appeal will be dismissed with costs fixed in the lump sum of $3,400.00 inclusive of disbursements and GST. "John M. Evans" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-157-05 STYLE OF CAUSE: REDEEMER FOUNDATION Respondent and THE MINISTER OF NATIONAL REVENUE Appellant PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: JUNE 15, 2005 REASONS FOR JUDGMENT OF THE COURT: (ROTHSTEIN, EVANS & MALONE JJ.A.) DELIVERED FROM THE BENCH: EVANS J.A. APPEARANCES: Jacqueline L. King Erin Tully FOR THE RESPONDENT Peter A. Vita, Q.C. Aleksandrs Zemdegs FOR THE APPELLANT SOLICITORS OF RECORD: Miller Thomson LLP Barristers & Solicitors Toronto, Ontario FOR THE RESPONDENT John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE APPELLANT
Source: decisions.fca-caf.gc.ca