Gagnon v. Canada (Minister of National Revenue)
The motion to adjourn was denied as premature because the umpire's hearing had been scheduled and it was probable the umpire would render a decision before the Court's hearing; therefore no adjournment was required.
Source-derived case information.
- Citation
- 2003 FCA 364
- Parties
- Applicant: Serge Gagnon; Respondent: Minister of National Revenue
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 2 October 2003
- Procedural Posture
- Judicial Review / Motion to Adjourn; Written Motion Decided Without Appearance
- Outcome
- Motion denied as premature; no adjournment ordered.
- Legal Topics
- Adjournment, Judicial Review, Prematurity, Umpire Decision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Serge Gagnon
Applicant
Minister of National Revenue
Respondent
Procedural Posture
Judicial Review / Motion to Adjourn; Written Motion Decided Without Appearance
Legal Issues
- 1 Whether the hearing should be adjourned pending the umpire's final decision
- 2 Whether the applicant's motion to adjourn is premature
Ratio Decidendi
The motion to adjourn was denied as premature because the umpire's hearing had been scheduled and it was probable the umpire would render a decision before the Court's hearing; therefore no adjournment was required.
Court Disposition
Motion denied as premature; no adjournment ordered.
Orders
- Motion denied; hearing for judicial review not adjourned.
- If the umpire's decision is favourable to the applicant, the applicant may bring the appropriate motion.
Full Case Text
Judgment text and source record
1 paragraphs
Gagnon v. Canada (Minister of National Revenue) Court (s) Database Federal Court of Appeal Decisions Date 2003-10-02 Neutral citation 2003 FCA 364 File numbers A-146-02 Decision Content Date: 20031002 Docket: A-146-02 Citation: 2003 FCA 364 BETWEEN: SERGE GAGNON, 3875 Saint-Clément Street Jonquière, Quebec G7X 2R8 Applicant and MINISTER OF NATIONAL REVENUE represented by Morris Rosenberg, Deputy Attorney General of Canada, whose offices are situated at 284 Wellington Street, Ottawa, Ontario, K1A 0H8 Respondent Written motion decided without appearance of the parties Order delivered at Ottawa, Ontario, October 2, 2003 REASONS FOR ORDER: NADON J.A. Date: 20031002 Docket: A-146-02 Citation: 2003 FCA 364 Present: Nadon J.A. BETWEEN: SERGE GAGNON, 3875 Saint-Clément Street Jonquière, Quebec G7X 2R8 Applicant and MINISTER OF NATIONAL REVENUE represented by Morris Rosenberg, Deputy Attorney General of Canada, whose offices are situated at 284 Wellington Street, Ottawa, Ontario, K1A 0H8 Respondent REASONS FOR ORDER NadonJ.A. [1] The applicant is requesting that the hearing of his application for judicial review be adjourned until the umpire has made a final decision. [2] In my opinion, the applicant's motion is premature. According to the record, the hearing before the umpire was to have been held on August 20, 2003, and it is probable that a decision will be made before the application for judicial review is heard by this Court. [3] Consequently, there is no need, in my opinion, to adjourn the hearing for judicial review. In the event that the umpire's decision is favourable to the applicant, he can then bring the appropriate motion. "M. Nadon" J.A. Certified true translation Kelley A. Harvey, BA, BCL, LLB FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-146-02 STYLE OF CAUSE: Serge Gagnon v. Canada Customs and Revenue Agency WRITTEN MOTION DECIDED WITHOUT APPEARANCE OF THE PARTIES REASONS FOR ORDER: NADON J.A. DATE OF REASONS: October 2, 2003 WRITTEN SUBMISSIONS BY: Christian Néron For the applicant Québec, Quebec SOLICITORS OF RECORD: Christian Néron For the applicant Québec, Quebec Morris Rosenberg For the respondent Deputy Attorney General of Canada Ottawa, Ontario