Watts c. La Reine

Watts c. La Reine

The judge dismissed both of the appellant's motions because the costs awarded were justified under the tariff for prior motions and the appellant's requests were dilatory attempts to delay the scheduled peremptory hearing; the court therefore upheld pre-hearing directions, scheduled a peremptory hearing for June 27...

Source-derived case information.

Citation
2017 CCI 148
Parties
Appellant: Miriam Watts; Respondent: Her Majesty the Queen
Court
Tax Court of Canada
Jurisdiction
Canada
Judgment Date
9 June 2016
Procedural Posture
Tax Appeal Penalty Assessment (income Tax) / Interlocutory Motions for Costs and Discovery; Pre Hearing Directions
Outcome
Both of the appellant's motions dismissed; pre-hearing directions enforced; peremptory hearing scheduled; costs assessed and payment ordered.
Legal Topics
Penalty and Interest, Costs, Discovery, Peremptory Hearing, Judicial Bias, Procedural Delay
Source Language
fr
Income Tax Tax Procedure Civil Procedure Penalty and Interest Costs Discovery Peremptory Hearing Judicial Bias +1 more

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Parties

Miriam Watts

Appellant

Her Majesty the Queen

Respondent

Procedural Posture

Tax Appeal Penalty Assessment (income Tax) / Interlocutory Motions for Costs and Discovery; Pre Hearing Directions

  1. 1 Whether the $700 costs previously awarded should be vacated or reduced or alternatively that the respondent pay $700 to the appellant
  2. 2 Whether the respondent should be ordered to answer the appellant's list of questions at the examination for discovery
  3. 3 Whether the appellant's motions are dilatory and justify peremptory dismissal of the appeal for failure to proceed

Ratio Decidendi

The judge dismissed both of the appellant's motions because the costs awarded were justified under the tariff for prior motions and the appellant's requests were dilatory attempts to delay the scheduled peremptory hearing; the court therefore upheld pre-hearing directions, scheduled a peremptory hearing for June 27 and fixed costs of $350 payable within 30 days, and ordered the respondent to provide an English version of a document if it exists.

Court Disposition

Both of the appellant's motions dismissed; pre-hearing directions enforced; peremptory hearing scheduled; costs assessed and payment ordered.

Orders

  • The appellant's motion to vacate or reduce $700 in costs or to obtain $700 compensation from the respondent is dismissed.
  • The appellant's motion to compel the respondent to answer her list of questions at the examination for discovery is dismissed.