McCartie v. Canada (National Revenue)

McCartie v. Canada (National Revenue) Court (s) Database Federal Court of Appeal Decisions Date 2012-11-19 Neutral citation 2012 FCA 304 File numbers A-95-12 Decision Content Date: 20121119 Docket: A-95-12 Citation: 2012 FCA 304 CORAM: BLAIS C.J. NADON J.A. TRUDEL J.A. BETWEEN: ANNIE MCCARTIE Appellant and THE MINISTER OF NATIONAL REVENUE (ATTORNEY GENERAL OF CANADA) Respondent Heard at Vancouver, British Columbia, on November 19, 2012. Judgment delivered from the Bench at Vancouver, British Columbia, on November 19, 2012. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20121119 Docket: A-95-12 Citation: 2012 FCA 304 CORAM: BLAIS C.J. NADON J.A. TRUDEL J.A. BETWEEN: ANNIE MCCARTIE Appellant and THE MINISTER OF NATIONAL REVENUE (ATTORNEY GENERAL OF CANADA) Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver, British Columbia, on November 19, 2012) NADON J.A. [1] Mrs. McCartie, the appellant, is appealing the decision of Noël J. (“the Judge”) of the Federal Court, dated March 15, 2012, wherein he refused to grant her an extension of time to file her Application Record. More particularly, the Judge found that the appellant had not provided a reasonable explanation for the lengthy delay for the filing of her Application Record. He further found that she had not shown a continuous intention to proceed with her application. Lastly, but not the least, the Judge was of the view that the appellant’s judicial review application was without merit. [2] We see no basis to disagree with the Judge’s conclusions. Consequently, we have not been persuaded that he made a reviewable error which would allow us to intervene. [3] Before us, the appellant raised Charter issues and made a number of submissions based on these issues. Unfortunately for her, her submissions do not detract us from our view that the Judge was correct in concluding that her judicial review application was bound to fail. [4] For these reasons, the appeal will be dismissed with costs. "M. Nadon" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-95-12 STYLE OF CAUSE: ANNIE McCARTIE v. M.N.R. (A.G.C.) PLACE OF HEARING: Vancouver, British Columbia DATE OF HEARING: November 19, 2012 REASONS FOR JUDGMENT OF THE COURT BY: BLAIS C.J., NADON J.A. and TRUDEL J.A. DELIVERED FROM THE BENCH BY: NADON J.A. APPEARANCES: Annie McCartie Colin McCartie FOR THE APPELLANT David Everett Max Matas FOR THE RESPONDENT SOLICITORS OF RECORD: N/A FOR THE APPELLANT William F. Pentney Deputy Attorney General of Canada FOR THE RESPONDENT