Canada (National Revenue) v. Kumar
The Court held that Justice Hugessen properly exercised his discretion in dismissing the Minister's motion to strike and for summary dismissal under Rule 213 and that there was no basis for appellate interference.
Source-derived case information.
- Citation
- 2007 FCA 283
- Parties
- Appellant: Minister of National Revenue; Respondent: Ashok Kumar
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 13 September 2007
- Procedural Posture
- Appeal From Federal Court Motion to Strike and Summary Dismissal Under Rule 213 / Federal Court of Appeal Decision (appeal)
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Motion to Strike, Summary Dismissal, Rule 213, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Minister of National Revenue
Appellant
Ashok Kumar
Respondent
Procedural Posture
Appeal From Federal Court Motion to Strike and Summary Dismissal Under Rule 213 / Federal Court of Appeal Decision (appeal)
Legal Issues
- 1 Whether the Federal Court judge erred in exercising his discretion in dismissing the Minister's motion to strike parts of the statement of claim
- 2 Whether summary dismissal under Rule 213 was properly refused by Justice Hugessen
Ratio Decidendi
The Court held that Justice Hugessen properly exercised his discretion in dismissing the Minister's motion to strike and for summary dismissal under Rule 213 and that there was no basis for appellate interference.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Canada (National Revenue) v. Kumar Court (s) Database Federal Court of Appeal Decisions Date 2007-09-13 Neutral citation 2007 FCA 283 File numbers A-584-06 Decision Content Date: 20070913 Docket: A-584-06 Citation: 2007 FCA 283 CORAM: RICHARD C.J. SEXTON J.A. SHARLOW J.A. BETWEEN: MINISTER OF NATIONAL REVENUE Appellant and ASHOK KUMAR Respondent Heard at Toronto, Ontario, on September 13, 2007. Judgment delivered from the Bench at Toronto, Ontario, on September 13, 2007. REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J. Date: 20070913 Docket: A-584-06 Citation: 2007 FCA 283 CORAM: RICHARD C.J. SEXTON J.A. SHARLOW J.A. BETWEEN: MINISTER OF NATIONAL REVENUE Appellant and ASHOK KUMAR Respondent REASONS FOR JUDGMENT OF THE COURT (Judgment delivered from the Bench at Toronto, Ontario, on September 13, 2007) RICHARD C.J. [1] This is an appeal from a decision of Justice Hugessen (2006 FC 1470) dismissing the motion of the appellant Minister of National Revenue to strike certain parts of the statement of claim in Federal Court No. T-1708-02, and for summary dismissal of the action pursuant to Rule 213 of the Federal Courts Rules. [2] In our view, Justice Hugessen properly exercised his discretion in dismissing the motion. [3] The appeal will be dismissed with costs. “J. Richard” Chief Justice FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-584-06 (An appeal from the order of Mr. Justice Hugessen, dated December 6, 2006, whereby the Appellant’s motion for summary judgment was dismissed. Trial file No: T-1708-02.) STYLE OF CAUSE: MINISTER OF NATIONAL REVENUE Appellant and ASHOK KUMAR Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: SEPTEMBER 13, 2007 REASONS FOR JUDGMENT OF THE COURT BY: (RICHARD C.J., SEXTON J.A. & SHARLOW J.A.) DELIVERED FROM THE BENCH BY: RICHARD C.J. APPEARANCES: Mr. Christopher Parke FOR THE APPELLANT Mr. Matthew Wilton FOR THE RESPONDENT SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE APPELLANT Matthew Wilton and Associates, Barristers & Solicitors Toronto, Ontario FOR THE RESPONDENT