Rinella v. Canada (Deputy Attorney General)
Court headnote
Rinella v. Canada (Deputy Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2001-03-14 Neutral citation 2001 FCA 64 File numbers A-129-99 Decision Content Date: 20010314 Docket: A-129-99 Neutral citation: 2001 FCA 64 CORAM: ROTHSTEIN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: SANDRA RINELLA Applicant - and - DEPUTY ATTORNEY GENERAL Respondent Heard at Toronto, Ontario, Wednesday, March 14, 2001 Judgment delivered from the Bench at Toronto, Ontario, on Wednesday, March 14, 2001 REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20010314 Docket: A-129-99 Neutral citation: 2001 FCA 64 CORAM: ROTHSTEIN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: SANDRA RINELLA Applicant - and - DEPUTY ATTORNEY GENERAL Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Wednesday, March 14, 2001) SHARLOW J.A. _. The applicant seeks to reverse the decision of a Tax Court Judge upholding a determination of the Minister of National Revenue that she was not engaged in insurable employment with her husband's company in 1994 and 1995. The record supports the decision of the Tax Court Judge and we are unable to consider the new affidavits presented by the applicant because they were not before the Tax Court Judge and no reason has been suggested as to why they could not have been presented to him. For these reasons this application for judicial review must be dismissed. _. The applicant has asked us to order a refund of premiums paid by her…
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Rinella v. Canada (Deputy Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2001-03-14 Neutral citation 2001 FCA 64 File numbers A-129-99 Decision Content Date: 20010314 Docket: A-129-99 Neutral citation: 2001 FCA 64 CORAM: ROTHSTEIN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: SANDRA RINELLA Applicant - and - DEPUTY ATTORNEY GENERAL Respondent Heard at Toronto, Ontario, Wednesday, March 14, 2001 Judgment delivered from the Bench at Toronto, Ontario, on Wednesday, March 14, 2001 REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20010314 Docket: A-129-99 Neutral citation: 2001 FCA 64 CORAM: ROTHSTEIN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: SANDRA RINELLA Applicant - and - DEPUTY ATTORNEY GENERAL Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Wednesday, March 14, 2001) SHARLOW J.A. _. The applicant seeks to reverse the decision of a Tax Court Judge upholding a determination of the Minister of National Revenue that she was not engaged in insurable employment with her husband's company in 1994 and 1995. The record supports the decision of the Tax Court Judge and we are unable to consider the new affidavits presented by the applicant because they were not before the Tax Court Judge and no reason has been suggested as to why they could not have been presented to him. For these reasons this application for judicial review must be dismissed. _. The applicant has asked us to order a refund of premiums paid by herself and her husband's company in respect of the period of uninsured employment. We understand that the statutory time limit for seeking a refund has passed. While we sympathize with the applicant who seems to have paid for something she did not receive, we have no authority to order the requested refund. Counsel for the Crown has undertaken to confer with Ministry officials to determine whether the refund can be made, and to advise the applicant accordingly. "Karen R. Sharlow" J.A. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-129-99 STYLE OF CAUSE: SANDRA RINELLA Applicant - and - DEPUTY ATTORNEY GENERAL Respondent DATE OF HEARING: WEDNESDAY, MARCH 14, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Delivered from the Bench at Toronto, Ontario on Wednesday, March 14, 2001 APPEARANCES BY: Ms. Sandra Rinella Mr. Rosario Rinella For the Applicant on her own behalf Mr. Arnold Bornstein For the Respondent SOLICITORS OF RECORD: Sandra Rinella 1424 Rimon Street Mississauga, Ontario L5V 1T9 For the Applicant on her own behalf Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF APPEAL Date: 20010314 Docket: A-129-99 BETWEEN: SANDRA RINELLA Applicant - and - DEPUTY ATTORNEY GENERAL Respondent REASONS FOR JUDGMENT OF THE COURT
Source: decisions.fca-caf.gc.ca