1205273 Ontario Ltd. v. Canada (Customs and Revenue Agency)
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1205273 Ontario Ltd. v. Canada (Customs and Revenue Agency) Court (s) Database Federal Court Decisions Date 2001-07-25 Neutral citation 2001 FCT 832 File numbers T-600-01 Decision Content Date: 20010725 Docket: T-600-01 Neutral citation: 2001 FCT 833 Toronto, Ontario, Wednesday, the 25th day of July, 2001 PRESENT: Peter A. K. Giles, Esquire Associate Senior Prothonotary BETWEEN: 1205273 ONTARIO LIMITED Applicant - and - CANADA CUSTOMS AND REVENUE AGENCY Respondent REASONS FOR ORDER AND ORDER [1] An application is a proceeding permitted in the circumstances set out in Rule 300. The purported authorization for this application is Rule 300(b). That sub Rule applies the part to proceedings authorized by an act of parliament. [2] It is argued that the Privacy Act and the Income Tax Act contained the necessary authorizations. The Respondent to the application and moving party to this motion has in my view correctly indicated that there is no authorization in either the Privacy Act or the Income Tax Act which would enable the Applicant to obtain the information of a taxpayer other than himself without that taxpayer's consent. This application is therefore, futile and the motion will be granted. ORDER UPON motion, dated the 18th day of May, 2001 on behalf of the Respondent, for: 1. An Order striking the Applicant's Notice of Application, dated April 5, 2001; 2. In the alternative, an extension of time within which to serve and file the Respondent's motion record in reply to the Appli…
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1205273 Ontario Ltd. v. Canada (Customs and Revenue Agency) Court (s) Database Federal Court Decisions Date 2001-07-25 Neutral citation 2001 FCT 832 File numbers T-600-01 Decision Content Date: 20010725 Docket: T-600-01 Neutral citation: 2001 FCT 833 Toronto, Ontario, Wednesday, the 25th day of July, 2001 PRESENT: Peter A. K. Giles, Esquire Associate Senior Prothonotary BETWEEN: 1205273 ONTARIO LIMITED Applicant - and - CANADA CUSTOMS AND REVENUE AGENCY Respondent REASONS FOR ORDER AND ORDER [1] An application is a proceeding permitted in the circumstances set out in Rule 300. The purported authorization for this application is Rule 300(b). That sub Rule applies the part to proceedings authorized by an act of parliament. [2] It is argued that the Privacy Act and the Income Tax Act contained the necessary authorizations. The Respondent to the application and moving party to this motion has in my view correctly indicated that there is no authorization in either the Privacy Act or the Income Tax Act which would enable the Applicant to obtain the information of a taxpayer other than himself without that taxpayer's consent. This application is therefore, futile and the motion will be granted. ORDER UPON motion, dated the 18th day of May, 2001 on behalf of the Respondent, for: 1. An Order striking the Applicant's Notice of Application, dated April 5, 2001; 2. In the alternative, an extension of time within which to serve and file the Respondent's motion record in reply to the Applicant's Notice of Motion, dated May 8, 2001, pursuant to Rule 8 of the Rules; 3. Costs; and 4. Such further and other relief that this Honourable Court deems just. IT IS ORDERED THAT: The application is truck out. "Peter A.K. Giles" A.S.P. Toronto, Ontario July 25, 2001 FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record COURT NO: T-600-01 STYLE OF CAUSE: 1205273 ONTARIO LIMITED Applicant - and - CANADA CUSTOMS AND REVENUE AGENCY Respondent CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369 REASONS FOR ORDER AND ORDER BY: GILES A.S.P. DATED: WEDNESDAY, JULY 25, 2001 WRITTEN SUBMISSIONS BY: Ms. Panorea Katapodis For the Applicant Ms. Suzanne M. Bruce For the Respondent SOLICITORS OF RECORD: 1205273 Ontario Limited 1698 Queen Street East Toronto, Ontario M4L 1G6 For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date: 20010725 Docket: T-600-01 Between: 1205273 ONTARIO LIMITED Applicant - and - CANADA CUSTOMS AND REVENUE AGENCY Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca