McBain v. Canada (Minister of National Revenue)
The appeal was dismissed because the appellant failed to demonstrate that the motions judge misapprehended the facts or committed an error of law; courts will not disturb discretionary decisions absent such a showing.
Source-derived case information.
- Citation
- 2002 FCA 13
- Parties
- Appellant: MATTHEW McBAIN; Respondent: THE MINISTER OF NATIONAL REVENUE
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 14 January 2002
- Procedural Posture
- Appeal / Decision on Application to Extend Time
- Outcome
- Appeal dismissed.
- Legal Topics
- Extension of Time, Judicial Discretion, Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MATTHEW McBAIN
Appellant
THE MINISTER OF NATIONAL REVENUE
Respondent
Procedural Posture
Appeal / Decision on Application to Extend Time
Legal Issues
- 1 Whether the motions judge erred in law in refusing to extend time
- 2 Whether the motions judge misapprehended the facts
- 3 Whether an appellate court should interfere with a discretionary decision
Ratio Decidendi
The appeal was dismissed because the appellant failed to demonstrate that the motions judge misapprehended the facts or committed an error of law; courts will not disturb discretionary decisions absent such a showing.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
McBain v. Canada (Minister of National Revenue) Court (s) Database Federal Court of Appeal Decisions Date 2002-01-14 Neutral citation 2002 FCA 13 File numbers A-838-00 Decision Content Date: 20020115 Docket: A-838-00 Neutral citation: 2002 FCA 13 CORAM: STRAYER J.A. ROTHSTEIN J.A. SEXTON J.A. BETWEEN: MATTHEW McBAIN Appellant and THE MINISTER OF NATIONAL REVENUE Respondent Heard at Toronto, Ontario, on January 14, 2002 Judgment delivered from the Bench at Toronto, Ontario on January 14, 2002 REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A. Date: 20020115 Docket: A-838-00 Neutral citation: 2002 FCA 13 CORAM: STRAYER J.A. ROTHSTEIN J.A. SEXTON J.A. BETWEEN: MATTHEW McBAIN Appellant and THE MINISTER OF NATIONAL REVENUE Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Monday, January 14, 2002) ROTHSTEIN J.A. [1] Decisions on applications to extend time are discretionary. This Court will not interfere with such discretionary decisions unless the motions judge misapprehended the facts or erred in law. No misapprehension of the facts or error of law has been demonstrated by the Appellant here. The appeal will be dismissed. "Marshall Rothstein" J.A. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-838-00 STYLE OF CAUSE: MATTHEW McBAIN Appellant - and - THE MINISTER OF NATIONAL REVENUE Respondent DATE OF HEARING: MONDAY, JANUARY 14, 2002 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A. DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON MONDAY, JANUARY 14, 2002. APPEARANCES BY: Mr. Matthew McBain For the Appellant, on his own behalf Ms. Andrea Horton For the Respondent SOLICITORS OF RECORD: Matthew McBain 84 Crescent Ave. St. Thomas, Ontario N5P 2K3 For the Appellant, on his own behalf Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF APPEAL Date: 20020115 Docket: A-838-00 BETWEEN: MATTHEW McBAIN Appellant - and - THE MINISTER OF NATIONAL REVENUE Respondent REASONS FOR JUDGMENT OF THE COURT