Merrins v. Canada

Merrins v. Canada

The application to consolidate was granted because the appeals present identical and uncontested facts, the governing legal provisions including the Canada-Ireland tax convention and its implementing 1967 Act were unchanged, the Tax Court outcomes were the same, and the appellant failed to demonstrate prejudice;...

Source-derived case information.

Citation
2007 FCA 5
Parties
Appellant: Hugh Merrins; Respondent: Her Majesty the Queen
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
4 January 2007
Procedural Posture
Appeal From Tax Court of Canada (income Tax Appeals) / Motion to Consolidate Decided on the Papers; Appeal a 168 06 Ready to Be Heard, Appeal a 453 06 Not Ready
Outcome
Application to consolidate appeals A-168-06 and A-453-06 granted.
Legal Topics
Consolidation of Appeals, Income Tax, Tax Treaty (canada Ireland), Appeal Readiness, Constitutional Question
Source Language
fr
Tax Law Appellate Procedure Constitutional Law Consolidation of Appeals Income Tax Tax Treaty (canada Ireland) Appeal Readiness Constitutional Question

Source-derived case record

Summary, issues, holding and outcome

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Parties

Hugh Merrins

Appellant

Her Majesty the Queen

Respondent

Procedural Posture

Appeal From Tax Court of Canada (income Tax Appeals) / Motion to Consolidate Decided on the Papers; Appeal a 168 06 Ready to Be Heard, Appeal a 453 06 Not Ready

  1. 1 Whether two appeals with identical facts and unchanged legal provisions should be consolidated
  2. 2 Whether consolidation would cause prejudice to the appellant
  3. 3 Whether consolidation would prevent the appellant from raising a constitutional question

Ratio Decidendi

The application to consolidate was granted because the appeals present identical and uncontested facts, the governing legal provisions including the Canada-Ireland tax convention and its implementing 1967 Act were unchanged, the Tax Court outcomes were the same, and the appellant failed to demonstrate prejudice; consolidation also does not bar the appellant from raising the proposed constitutional issue.

Court Disposition

Application to consolidate appeals A-168-06 and A-453-06 granted.

Orders

  • Appeals A-168-06 and A-453-06 are to be consolidated and heard together.
  • The appellant is permitted to raise constitutional questions in the consolidated appeal.