Editions Progitech Inc. v. Canada

The trial judge made no error requiring appellate intervention given the state of the record; therefore the application for judicial review is dismissed.

Source-derived case information.

Citation: 2002 FCA 19
Parties: Plaintiff: LES EDITIONS PROGITECH INC.; Defendant: HER MAJESTY THE QUEEN; Defendant: THE ATTORNEY GENERAL OF CANADA
Court: Federal Court of Appeal
Jurisdiction: Canada
Judgment Date: 16 January 2002
Procedural Posture: Judicial Review / Appeal to the Federal Court of Appeal; Judgment From the Bench
Outcome: Application for judicial review dismissed with costs.
Legal Topics: Judicial Review, Standard of Review, Costs
Source Language: en

Tax Law Administrative Law Appeal Judicial Review Standard of Review Costs

Source-derived case record

Summary, issues, holding and outcome

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Legal principles 1 Authorities cited 2 Party arguments 2

Parties

LES EDITIONS PROGITECH INC.

Plaintiff

HER MAJESTY THE QUEEN

Defendant

THE ATTORNEY GENERAL OF CANADA

Defendant

Procedural Posture

Judicial Review / Appeal to the Federal Court of Appeal; Judgment From the Bench

Legal Issues

1 Whether the trial judge erred in law or principle
2 Whether the state of the record justified appellate intervention

Ratio Decidendi

The trial judge made no error requiring appellate intervention given the state of the record; therefore the application for judicial review is dismissed.

Court Disposition

Application for judicial review dismissed with costs.

Orders

Application for judicial review dismissed with costs.

Full Case Text

Judgment text and source record

1 paragraphs

Editions Progitech Inc. v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2002-01-16 Neutral citation 2002 FCA 19 File numbers A-168-99 Decision Content Date: 20020116 Docket: A-168-99 Montréal, Quebec, January 16, 2002 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. BETWEEN: LES EDITIONS PROGITECH INC. Plaintiff and HER MAJESTY THE QUEEN and THE ATTORNEY GENERAL OF CANADA Defendants JUDGMENT The application for judicial review is dismissed with costs. Alice Desjardins J.A. Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. Date: 20020116 Docket: A-168-99 Neutral citation: 2002 FCA 19 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. BETWEEN: LES EDITIONS PROGITECH INC. Plaintiff and HER MAJESTY THE QUEEN and THE ATTORNEY GENERAL OF CANADA Defendants Hearing held at Montréal, Quebec on January 16, 2002. Judgment from the bench at Montréal, Quebec on January 16, 2002. REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. Date: 20020116 Docket: A-168-99 Neutral citation: 2002 FCA 19 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. BETWEEN: LES EDITIONS PROGITECH INC. Plaintiff and HER MAJESTY THE QUEEN and THE ATTORNEY GENERAL OF CANADA Defendants REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec on January 16, 2002) DESJARDINS J.A. [1] We consider that the trial judge (see Editions Progitech Inc. v. Canada, [1999] 99 D.T.C. 672, [1999] T.C.J. No. 92 (QL)) made no error requiring this Court's intervention, in view of the state of the record before her. [2] The application for judicial review will be dismissed with costs. Alice Desjardins J.A. Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20020116 Docket: A-168-99 Between: LES EDITIONS PROGITECH INC. Plaintiff and HER MAJESTY THE QUEEN and THE ATTORNEY GENERAL OF CANADA Defendants REASONS FOR JUDGMENT OF THE COURT FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD FILE: A-168-99 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. STYLE OF CAUSE: LES EDITIONS PROGITECH INC. Plaintiff and HER MAJESTY THE QUEEN and THE ATTORNEY GENERAL OF CANADA Defendants PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: January 16, 2002 REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. DATED: January 16, 2002 APPEARANCES: Jean-Philippe Desmarais FOR THE PLAINTIFF Valérie Tardif FOR THE DEFENDANTS SOLICITORS OF RECORD: Grey, Casgrain FOR THE PLAINTIFF Montréal, Quebec Morris A. Rosenberg FOR THE DEFENDANTS Deputy Attorney General of Canada Montréal, Quebec

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