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Federal Court of Appeal· 2003

Gagnon v. Canada (Minister of National Revenue)

2003 FCA 364
AdministrativeJD
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Gagnon v. Canada (Minister of National Revenue) Court (s) Database Federal Court of Appeal Decisions Date 2003-10-02 Neutral citation 2003 FCA 364 File numbers A-146-02 Decision Content Date: 20031002 Docket: A-146-02 Citation: 2003 FCA 364 BETWEEN: SERGE GAGNON, 3875 Saint-Clément Street Jonquière, Quebec G7X 2R8 Applicant and MINISTER OF NATIONAL REVENUE represented by Morris Rosenberg, Deputy Attorney General of Canada, whose offices are situated at 284 Wellington Street, Ottawa, Ontario, K1A 0H8 Respondent Written motion decided without appearance of the parties Order delivered at Ottawa, Ontario, October 2, 2003 REASONS FOR ORDER: NADON J.A. Date: 20031002 Docket: A-146-02 Citation: 2003 FCA 364 Present: Nadon J.A. BETWEEN: SERGE GAGNON, 3875 Saint-Clément Street Jonquière, Quebec G7X 2R8 Applicant and MINISTER OF NATIONAL REVENUE represented by Morris Rosenberg, Deputy Attorney General of Canada, whose offices are situated at 284 Wellington Street, Ottawa, Ontario, K1A 0H8 Respondent REASONS FOR ORDER NadonJ.A. [1] The applicant is requesting that the hearing of his application for judicial review be adjourned until the umpire has made a final decision. [2] In my opinion, the applicant's motion is premature. According to the record, the hearing before the umpire was to have been held on August 20, 2003, and it is probable that a decision will be made before the application for judicial review is heard by this Court. [3] Consequently, there is no need, in my opinion, to …

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Gagnon v. Canada (Minister of National Revenue)
Court (s) Database
Federal Court of Appeal Decisions
Date
2003-10-02
Neutral citation
2003 FCA 364
File numbers
A-146-02
Decision Content
Date: 20031002
Docket: A-146-02
Citation: 2003 FCA 364
BETWEEN:
SERGE GAGNON,
3875 Saint-Clément Street
Jonquière, Quebec G7X 2R8
Applicant
and
MINISTER OF NATIONAL REVENUE
represented by Morris Rosenberg, Deputy Attorney
General of Canada, whose offices are situated
at 284 Wellington Street, Ottawa, Ontario, K1A 0H8
Respondent
Written motion decided without appearance of the parties
Order delivered at Ottawa, Ontario, October 2, 2003
REASONS FOR ORDER: NADON J.A.
Date: 20031002
Docket: A-146-02
Citation: 2003 FCA 364
Present: Nadon J.A.
BETWEEN:
SERGE GAGNON,
3875 Saint-Clément Street
Jonquière, Quebec G7X 2R8
Applicant
and
MINISTER OF NATIONAL REVENUE
represented by Morris Rosenberg, Deputy Attorney
General of Canada, whose offices are situated
at 284 Wellington Street, Ottawa, Ontario, K1A 0H8
Respondent
REASONS FOR ORDER
NadonJ.A.
[1] The applicant is requesting that the hearing of his application for judicial review be adjourned until the umpire has made a final decision.
[2] In my opinion, the applicant's motion is premature. According to the record, the hearing before the umpire was to have been held on August 20, 2003, and it is probable that a decision will be made before the application for judicial review is heard by this Court.
[3] Consequently, there is no need, in my opinion, to adjourn the hearing for judicial review. In the event that the umpire's decision is favourable to the applicant, he can then bring the appropriate motion.
"M. Nadon"
J.A.
Certified true translation
Kelley A. Harvey, BA, BCL, LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-146-02
STYLE OF CAUSE: Serge Gagnon v. Canada Customs and Revenue Agency
WRITTEN MOTION DECIDED WITHOUT APPEARANCE OF THE PARTIES
REASONS FOR ORDER: NADON J.A.
DATE OF REASONS: October 2, 2003
WRITTEN SUBMISSIONS BY:
Christian Néron For the applicant
Québec, Quebec
SOLICITORS OF RECORD:
Christian Néron For the applicant
Québec, Quebec
Morris Rosenberg For the respondent
Deputy Attorney General of Canada
Ottawa, Ontario

Source: decisions.fca-caf.gc.ca

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