Canada Judgment

Federal Court

Lapointe v. Canada (Revenue Agency)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The application was transferred because it was inadvertently filed in the Federal Court whereas the Federal Court of Appeal has jurisdiction under paragraph 28(1)(i) of the Federal Courts Act, and the respondent consented to the transfer.

Court disposition

Proceeding transferred to the Federal Court of Appeal.

Orders

  • This proceeding is transferred from this Court to the Federal Court of Appeal.
  • The next step in the proceeding shall be done in accordance with the applicable requirements in the Federal Courts Act and the current applicable guidance from the Federal Court of Appeal, if any, in relation to taking steps in a proceeding during the pandemic.

02

Material facts

Parties

Denis Lapointe

Applicant Counsel: Hugh Scher

Canada Revenue Agency

Respondent Counsel: Alexandre Toso

03

Procedural history

  1. Posture

    Application for Judicial Review / Motion to Transfer to the Federal Court of Appeal (order Granted)

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant inadvertently filed the application in the Federal Court rather than the Federal Court of Appeal at the outset of the pandemic and seeks transfer to the Court of Appeal to challenge the Federal Public Sector Labour Relations and Employment Board order dated February 25, 2020.
Respondent
The respondent consented to the transfer of the matter to the Federal Court of Appeal.

05

Court’s reasoning

  1. 01

    Federal Courts Act, paragraph 28(1)(i)

    The Federal Court of Appeal has jurisdiction to hear and determine certain judicial review applications under paragraph 28(1)(i) of the Federal Courts Act.

  2. 02

    Federal Courts Rules, Rule 369; Court practice and guidance

    A court may transfer a proceeding filed in the wrong court, particularly where the filing error was inadvertent and the respondent consents; procedural steps must comply with the Federal Courts Rules and any applicable Court of Appeal guidance (including pandemic guidance).

06

Ratio, limits and disposition

Ratio decidendi

The application was transferred because it was inadvertently filed in the Federal Court whereas the Federal Court of Appeal has jurisdiction under paragraph 28(1)(i) of the Federal Courts Act, and the respondent consented to the transfer.

Obiter and limits

  • The next procedural steps must comply with the applicable requirements of the Federal Courts Act and current guidance from the Federal Court of Appeal concerning proceedings during the pandemic.

Court disposition

Proceeding transferred to the Federal Court of Appeal.

  • This proceeding is transferred from this Court to the Federal Court of Appeal.
  • The next step in the proceeding shall be done in accordance with the applicable requirements in the Federal Courts Act and the current applicable guidance from the Federal Court of Appeal, if any, in relation to taking steps in a proceeding during the pandemic.

Source and reliance status

Federal Court · 23 October 2020

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Judgment reading view

Judgment text

The complete available source text.

Source document

Federal Court

Judgment· 23 October 2020

2020 FC 1002

Lapointe v. Canada (Revenue Agency) Court (s) Database Federal Court Decisions Date 2020-10-23 Neutral citation 2020 FC 1002 File numbers T-400-20 Decision Content Date: 20201023 Docket: T-400-20 Citation: 2020 FC 1002 Toronto, Ontario, October 23, 2020 BEFORE: Mr. Justice Andrew D. Little BETWEEN :

DENIS LAPOINTE Applicant and

CANADA REVENUE AGENCY Respondent

ORDER UPON REVIEWING the applicant’s Notice of Motion requesting an order transferring this application for judicial review from the Federal Court to the Federal Court of Appeal; AND CONSIDERING that the application for judicial review was filed on March 19, 2020, at the outset of the current pandemic in Canada; AND CONSIDERING that the application for judicial review was inadvertently filed in the Federal Court, rather than the Federal Court of Appeal; AND CONSIDERING that the application for judicial review seeks an order to set aside the order of the Federal Public Sector Labour Relations and Employment Board dated February 25, 2020; AND CONSIDERING that the Federal Court of Appeal has jurisdiction to hear and determine this application for judicial review under paragraph 28(1)(i) of the Federal Courts Act; AND UPON REVIEWING the consent of the respondent to the transfer of this matter to the Federal Court of Appeal, THIS COURT ORDERS: This proceeding is transferred from this Court to the Federal Court of Appeal. The next step in the proceeding shall be done in accordance with the applicable requirements in the Federal Courts Act and the current applicable guidance from the Federal Court of Appeal, if any, in relation to taking steps in a proceeding during the pandemic.

BLANK “Andrew D. Little”

BLANK Juge

FEDERAL COURT

SOLICITORS OF RECORD Docket: T-400-20 STYLE OF CAUSE: DENIS LAPOINTE v CANADA REVENUE AGENCY PLACE OF HEARING: TORONTO, Ontario MOTION IN WRITING CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369 OF THE FEDERAL COURTS RULES REASONS FOR JUDGMENT AND JUDGMENT: A.D. LITTLE J. DATED: october 23, 2020 APPEARANCES:

BLANK For The Applicant

BLANK For The Respondent SOLICITORS OF RECORD: Hugh Scher Scher Law Professioanl Corproation For The Applicant Alexandre Toso Attorney General of Canada For The Respondent

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Federal Courts Act, paragraph 28(1)(i)

Legislation

Legislation referenced in the available case record.

Federal Courts Rules, Rule 369

Legislation

Legislation referenced in the available case record.

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