Redeemer Foundation v. Canada (Minister of National Revenue)
The Federal Court of Appeal held the Motions Judge did not commit a reversible error in dismissing the adjournment motion and granting an extension of time; absent palpable and overriding error, the exercise of discretion must stand, so the appeal was dismissed.
Source-derived case information.
- Citation
- 2005 FCA 233
- Parties
- Respondent: Redeemer Foundation; Appellant: The Minister of National Revenue
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 15 June 2005
- Procedural Posture
- Appeal From Federal Court Order Concerning Judicial Review Application and Extension of Time / Federal Court of Appeal Hearing (appeal Stage)
- Outcome
- Appeal dismissed; order of Federal Court permitting filing of notice of application for judicial review upheld
- Legal Topics
- Extension of Time, Adjournment, Discretion, Standard of Review, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Redeemer Foundation
Respondent
The Minister of National Revenue
Appellant
Procedural Posture
Appeal From Federal Court Order Concerning Judicial Review Application and Extension of Time / Federal Court of Appeal Hearing (appeal Stage)
Legal Issues
- 1 Whether the Motions Judge erred in granting an extension of time to file a notice of application for judicial review
- 2 Whether the Motions Judge erred in dismissing the appellant's motion for an adjournment
- 3 Whether the exercise of judicial discretion was reasonable and reviewable on appeal
Ratio Decidendi
The Federal Court of Appeal held the Motions Judge did not commit a reversible error in dismissing the adjournment motion and granting an extension of time; absent palpable and overriding error, the exercise of discretion must stand, so the appeal was dismissed.
Court Disposition
Appeal dismissed; order of Federal Court permitting filing of notice of application for judicial review upheld
Orders
- Appeal dismissed
- Order permitting Redeemer Foundation to file a notice of application for judicial review is upheld
Full Case Text
Judgment text and source record
1 paragraphs
Redeemer Foundation v. Canada (Minister of National Revenue) Court (s) Database Federal Court of Appeal Decisions Date 2005-06-15 Neutral citation 2005 FCA 233 File numbers A-157-05 Decision Content Date: 20050615 Docket: A-157-05 Citation: 2005 FCA 233 CORAM: ROTHSTEIN J.A. EVANS J.A. MALONE J.A. BETWEEN: REDEEMER FOUNDATION Respondent and THE MINISTER OF NATIONAL REVENUE Appellant Heard at Toronto, Ontario, on June 15, 2005. Judgment delivered from the Bench at Toronto, Ontario, on June 15, 2005. REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A. Date: 20050615 Docket: A-157-05 Citation: 2005 FCA 233 CORAM: ROTHSTEIN J.A. EVANS J.A. MALONE J.A. BETWEEN: REDEEMER FOUNDATION Respondent and THE MINISTER OF NATIONAL REVENUE Appellant REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on June 15, 2005) EVANS J.A. [1] This is an appeal by the Minister of National Revenue from an order of Rouleau J. of the Federal Court, dated April 11, 2005, permitting Redeemer Foundation to file a notice of application for judicial review, even though more than 30 days had elapsed since the decision sought to be challenged was made. [2] Having heard full and able arguments advanced on behalf of the parties, and having considered the criteria relevant to the exercise of discretion for the grant of an extension of time to file an application for judicial review, we are not persuaded that the Motions Judge made any reversible error when he dismissed the appellant's motion for an adjournment and, in the exercise of his discretion, granted the respondent's motion for an extension of time for filing its notice of application for judicial review. [3] For these reasons, the appeal will be dismissed with costs fixed in the lump sum of $3,400.00 inclusive of disbursements and GST. "John M. Evans" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-157-05 STYLE OF CAUSE: REDEEMER FOUNDATION Respondent and THE MINISTER OF NATIONAL REVENUE Appellant PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: JUNE 15, 2005 REASONS FOR JUDGMENT OF THE COURT: (ROTHSTEIN, EVANS & MALONE JJ.A.) DELIVERED FROM THE BENCH: EVANS J.A. APPEARANCES: Jacqueline L. King Erin Tully FOR THE RESPONDENT Peter A. Vita, Q.C. Aleksandrs Zemdegs FOR THE APPELLANT SOLICITORS OF RECORD: Miller Thomson LLP Barristers & Solicitors Toronto, Ontario FOR THE RESPONDENT John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE APPELLANT