Abi-Mansour v. Canada (National Revenue)
The appeal was dismissed because it was moot: the appellant acknowledged no hearing date had been scheduled in the underlying judicial review file, so there was no live controversy to resolve.
Source-derived case information.
- Citation
- 2014 FCA 75
- Parties
- Appellant: Paul Abi-Mansour; Respondent: Canada Revenue Agency
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 19 March 2014
- Procedural Posture
- Appeal From Federal Court Order Refusing Adjournment of Judicial Review Application / Federal Court of Appeal — Appeal Heard and Dismissed as Moot
- Outcome
- Dismissed as moot
- Legal Topics
- Adjournment, Mootness, Interlocutory Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Abi-Mansour
Appellant
Canada Revenue Agency
Respondent
Procedural Posture
Appeal From Federal Court Order Refusing Adjournment of Judicial Review Application / Federal Court of Appeal — Appeal Heard and Dismissed as Moot
Legal Issues
- 1 Whether the Federal Court order refusing to adjourn the judicial review application should be set aside
- 2 Whether the appeal is moot because no hearing date has been scheduled in the underlying judicial review file
Ratio Decidendi
The appeal was dismissed because it was moot: the appellant acknowledged no hearing date had been scheduled in the underlying judicial review file, so there was no live controversy to resolve.
Court Disposition
Dismissed as moot
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Abi-Mansour v. Canada (National Revenue) Court (s) Database Federal Court of Appeal Decisions Date 2014-03-19 Neutral citation 2014 FCA 75 File numbers A-407-13 Decision Content Date: 20140319 Docket: A-407-13 Citation: 2014 FCA 75 CORAM: BLAIS C.J. GAUTHIER J.A. MAINVILLE J.A. BETWEEN: PAUL ABI-MANSOUR Appellant and CANADA REVENUE AGENGY Respondent Heard at Montréal, Quebec, on March 19, 2014. Judgment delivered from the Bench at Montréal, Quebec, on March 19, 2014. REASONS FOR JUDGMENT OF THE COURT BY: GAUTHIER J.A. Date: 20140319 Docket: A-407-13 Citation: 2014 FCA 75 CORAM: BLAIS C.J. GAUTHIER J.A. MAINVILLE J.A. BETWEEN: PAUL ABI-MANSOUR Appellant and CANADA REVENUE AGENGY Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec on March 19, 2014). GAUTHIER J.A. [1] Mr. Abi-Mansour appeals from an order of Gleason J. of the Federal Court, dated November 22, 2013, whereby she refused the appellant’s request for an adjournment of his application for judicial review in file T-924-11 until this Court has disposed of his appeal regarding an order of Mosley J., dated August 23, 2013, in file A-288-13. [2] As the appellant himself acknowledges in his memorandum, his appeal in this file is moot as no hearing date has yet to be scheduled in file T-924-11. In the circumstances, this appeal will be dismissed. “Johanne Gauthier” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-407-13 (APPEAL OF A DECISION OF GLEASON J. OF THE FEDERAL COURT DATED NOVEMBER 22, 2013, DOCKET NO. T-924-11) STYLE OF CAUSE: PAUL ABI-MANSOUR v. CANADA REVENUE AGENGY PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: March 19, 2014 REASONS FOR JUDGMENT OF THE COURT BY: BLAIS C.J. GAUTHIER J.A. MAINVILLE J.A. DELIVERED FROM THE BENCH BY: GAUTHIER J.A. APPEARANCES: Paul Abi-Mansour ON HIS OWN BEHALF Adrian Bieniasiewicz For The Respondent SOLICITORS OF RECORD: William F. Pentney Deputy Attorney General of Canada For The Respondent