Vankerk v. Canada
Court headnote
Vankerk v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2008-04-24 Neutral citation 2008 FCA 155 File numbers A-246-05 Notes Digest Decision Content Date: 20080424 Docket: A-246-05 Citation: 2008 FCA 155 Present: SHARLOW J.A. BETWEEN: WILLEM VANKERK ELSBETH VANKERK Appellants and HER MAJESTY THE QUEEN Respondent Dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on April 24, 2008. REASONS FOR ORDER BY: SHARLOW J.A. Date: 20080424 Docket: A-246-05 Citation: 2008 FCA 155 Present: SHARLOW J.A. BETWEEN: WILLEM VANKERK ELSBETH VANKERK Appellants and HER MAJESTY THE QUEEN Respondent REASONS FOR ORDER SHARLOW J.A. [1] The appellants are seeking an order for payment of approximately $350 standing to their credit in an account held by the Court. The respondent, the Crown, objects to the payment. [2] The amount in the Court account represents interest earned on $4,774.75 that the appellants were ordered to pay into Court as security for costs in an income tax appeal. When the appeal was unsuccessful (2006 FCA 96), the Crown sought and obtained an order for payment of the $4,774.45 in satisfaction of its award of costs. [3] The Crown does not suggest that the accrued interest is not the property of the appellants, but objects to the payment because they have an outstanding income tax liability. In my view, that is not a valid objection to the appellants’ request to receive the money that belongs to them. [4] An order will be made…
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Vankerk v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2008-04-24 Neutral citation 2008 FCA 155 File numbers A-246-05 Notes Digest Decision Content Date: 20080424 Docket: A-246-05 Citation: 2008 FCA 155 Present: SHARLOW J.A. BETWEEN: WILLEM VANKERK ELSBETH VANKERK Appellants and HER MAJESTY THE QUEEN Respondent Dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on April 24, 2008. REASONS FOR ORDER BY: SHARLOW J.A. Date: 20080424 Docket: A-246-05 Citation: 2008 FCA 155 Present: SHARLOW J.A. BETWEEN: WILLEM VANKERK ELSBETH VANKERK Appellants and HER MAJESTY THE QUEEN Respondent REASONS FOR ORDER SHARLOW J.A. [1] The appellants are seeking an order for payment of approximately $350 standing to their credit in an account held by the Court. The respondent, the Crown, objects to the payment. [2] The amount in the Court account represents interest earned on $4,774.75 that the appellants were ordered to pay into Court as security for costs in an income tax appeal. When the appeal was unsuccessful (2006 FCA 96), the Crown sought and obtained an order for payment of the $4,774.45 in satisfaction of its award of costs. [3] The Crown does not suggest that the accrued interest is not the property of the appellants, but objects to the payment because they have an outstanding income tax liability. In my view, that is not a valid objection to the appellants’ request to receive the money that belongs to them. [4] An order will be made requiring the accrued interest to be paid in trust to the solicitors for the appellants. “K. Sharlow” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-246-05 STYLE OF CAUSE: WILLEM VANKERK ELSBETH VANKERK v. HER MAJESTY THE QUEEN MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER BY: SHARLOW J.A. DATED: APRIL 24, 2008 WRITTEN REPRESENTATIONS BY: John McDonald FOR THE APPELLANTS Harry Erlichman FOR THE RESPONDENT SOLICITORS OF RECORD: John McDonald Cambridge, Ontario FOR THE APPELLANTS John H. Sims, Q.C. Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca