Canada (National Revenue) v. Kumar
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Canada (National Revenue) v. Kumar Court (s) Database Federal Court of Appeal Decisions Date 2007-09-13 Neutral citation 2007 FCA 283 File numbers A-584-06 Decision Content Date: 20070913 Docket: A-584-06 Citation: 2007 FCA 283 CORAM: RICHARD C.J. SEXTON J.A. SHARLOW J.A. BETWEEN: MINISTER OF NATIONAL REVENUE Appellant and ASHOK KUMAR Respondent Heard at Toronto, Ontario, on September 13, 2007. Judgment delivered from the Bench at Toronto, Ontario, on September 13, 2007. REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J. Date: 20070913 Docket: A-584-06 Citation: 2007 FCA 283 CORAM: RICHARD C.J. SEXTON J.A. SHARLOW J.A. BETWEEN: MINISTER OF NATIONAL REVENUE Appellant and ASHOK KUMAR Respondent REASONS FOR JUDGMENT OF THE COURT (Judgment delivered from the Bench at Toronto, Ontario, on September 13, 2007) RICHARD C.J. [1] This is an appeal from a decision of Justice Hugessen (2006 FC 1470) dismissing the motion of the appellant Minister of National Revenue to strike certain parts of the statement of claim in Federal Court No. T-1708-02, and for summary dismissal of the action pursuant to Rule 213 of the Federal Courts Rules. [2] In our view, Justice Hugessen properly exercised his discretion in dismissing the motion. [3] The appeal will be dismissed with costs. “J. Richard” Chief Justice FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-584-06 (An appeal from the order of Mr. Justice Hugessen, dated December 6, 2006, whereby the Appellant’s motion for …
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Canada (National Revenue) v. Kumar Court (s) Database Federal Court of Appeal Decisions Date 2007-09-13 Neutral citation 2007 FCA 283 File numbers A-584-06 Decision Content Date: 20070913 Docket: A-584-06 Citation: 2007 FCA 283 CORAM: RICHARD C.J. SEXTON J.A. SHARLOW J.A. BETWEEN: MINISTER OF NATIONAL REVENUE Appellant and ASHOK KUMAR Respondent Heard at Toronto, Ontario, on September 13, 2007. Judgment delivered from the Bench at Toronto, Ontario, on September 13, 2007. REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J. Date: 20070913 Docket: A-584-06 Citation: 2007 FCA 283 CORAM: RICHARD C.J. SEXTON J.A. SHARLOW J.A. BETWEEN: MINISTER OF NATIONAL REVENUE Appellant and ASHOK KUMAR Respondent REASONS FOR JUDGMENT OF THE COURT (Judgment delivered from the Bench at Toronto, Ontario, on September 13, 2007) RICHARD C.J. [1] This is an appeal from a decision of Justice Hugessen (2006 FC 1470) dismissing the motion of the appellant Minister of National Revenue to strike certain parts of the statement of claim in Federal Court No. T-1708-02, and for summary dismissal of the action pursuant to Rule 213 of the Federal Courts Rules. [2] In our view, Justice Hugessen properly exercised his discretion in dismissing the motion. [3] The appeal will be dismissed with costs. “J. Richard” Chief Justice FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-584-06 (An appeal from the order of Mr. Justice Hugessen, dated December 6, 2006, whereby the Appellant’s motion for summary judgment was dismissed. Trial file No: T-1708-02.) STYLE OF CAUSE: MINISTER OF NATIONAL REVENUE Appellant and ASHOK KUMAR Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: SEPTEMBER 13, 2007 REASONS FOR JUDGMENT OF THE COURT BY: (RICHARD C.J., SEXTON J.A. & SHARLOW J.A.) DELIVERED FROM THE BENCH BY: RICHARD C.J. APPEARANCES: Mr. Christopher Parke FOR THE APPELLANT Mr. Matthew Wilton FOR THE RESPONDENT SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE APPELLANT Matthew Wilton and Associates, Barristers & Solicitors Toronto, Ontario FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca
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