Canada v. Robertson

Canada v. Robertson

The Tax Court judge did not err in refusing to strike the challenged portions of the notice of appeal because it was not plain and obvious that those portions had no reasonable prospect of success; accordingly the motion to strike was properly dismissed.

Source-derived case information.

Citation
2007 FCA 59
Parties
Appellant: SA MAJESTÉ LA REINE; Respondent: Ronald Robertson
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
24 January 2007
Procedural Posture
Appeal From Tax Court of Canada / Interlocutory Appeal From Order Refusing to Strike Portions of the Notice of Appeal
Outcome
appeal dismissed with costs
Legal Topics
Tax Exemption, Aboriginal Fishing Rights, Motion to Strike, Frivolous or Vexatious Pleadings, Manitoba Natural Resources Transfer Agreement 1930
Source Language
fr
Tax Law Aboriginal Law Procedural Law Tax Exemption Aboriginal Fishing Rights Motion to Strike Frivolous or Vexatious Pleadings Manitoba Natural Resources Transfer Agreement 1930

Source-derived case record

Summary, issues, holding and outcome

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Parties

SA MAJESTÉ LA REINE

Appellant

Ronald Robertson

Respondent

Procedural Posture

Appeal From Tax Court of Canada / Interlocutory Appeal From Order Refusing to Strike Portions of the Notice of Appeal

  1. 1 Whether the Tax Court judge erred in refusing to strike portions of the notice of appeal as frivolous, vexatious or disclosing no reasonable cause of action
  2. 2 Whether claimed aboriginal or treaty commercial fishing rights exempt income from income tax
  3. 3 Whether article 13 of the 1930 Manitoba Natural Resources Transfer Agreement extinguished the aboriginal/treaty fishing rights

Ratio Decidendi

The Tax Court judge did not err in refusing to strike the challenged portions of the notice of appeal because it was not plain and obvious that those portions had no reasonable prospect of success; accordingly the motion to strike was properly dismissed.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.