Davitt v. Canada (National Revenue)
The appeal was dismissed because the appellant's written submission and annexed exhibit demonstrated that the appeal had no possible chance of success, justifying summary dismissal at the status review.
Source-derived case information.
- Citation
- 2007 FCA 235
- Parties
- Appellant: William Shawn Davitt; Respondent: The Minister of National Revenue
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 15 June 2007
- Procedural Posture
- Appeal to Federal Court of Appeal / Status Review — Dismissal for Delay
- Outcome
- Appeal dismissed
- Legal Topics
- Dismissal for Delay, Appeal Admissibility, Appeal Book Motion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Shawn Davitt
Appellant
The Minister of National Revenue
Respondent
Procedural Posture
Appeal to Federal Court of Appeal / Status Review — Dismissal for Delay
Legal Issues
- 1 Whether the appeal should be dismissed for delay
- 2 Whether the appellant's written submissions disclose any arguable case
- 3 Whether an appeal lacking any chance of success may be dismissed at status review
Ratio Decidendi
The appeal was dismissed because the appellant's written submission and annexed exhibit demonstrated that the appeal had no possible chance of success, justifying summary dismissal at the status review.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Davitt v. Canada (National Revenue) Court (s) Database Federal Court of Appeal Decisions Date 2007-06-15 Neutral citation 2007 FCA 235 File numbers A-387-06 Decision Content Date: 20070615 Docket: A-387-06 Citation: 2007 FCA 235 CORAM: NOËL J.A. EVANS J.A. SHARLOW J.A. BETWEEN: WILIAM SHAWN DAVITT Appellant and THE MINISTER OF NATIONAL REVENUE Respondent Dealt with in writing without appearance of parties. Judgment delivered at Ottawa, Ontario, on June 15, 2007. REASONS FOR JUDGMENT BY: NOËL J.A. CONCURRED IN BY: EVANS J.A. SHARLOW J.A. Date: 20070615 Docket: A-387-06 Citation: 2007 FCA 235 CORAM: NOËL J.A. EVANS J.A. SHARLOW J.A. BETWEEN: WILIAM SHAWN DAVITT Appellant and THE MINISTER OF NATIONAL REVENUE Respondent REASONS FOR JUDGMENT NOËL J.A. [1] A notice of status review was issued on April 30, 2007 requesting the appellant to show cause why his appeal should not be dismissed for delay. On May 30, 2007, the appellant who is self-represented filed a written submission indicating that his appeal should not be dismissed and that he intends to bring a motion regarding the contents of the Appeal Book before September 30, 2007. [2] Annexed as “Exhibit A” to the submission filed by the appellant is a document which outlines what the appellant describes as “the ultimate issue in this appeal” (submission, para. 2). It is apparent from a review of this document that the appeal brought by the appellant has no possible chance of success and that it should accordingly be dismissed at this stage. [3] Judgment is issued accordingly. “Marc Noël” J.A. “I agree John M. Evans J.A.” “I agree K. Sharlow J.A.” FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-387-06 STYLE OF CAUSE: WILLIAM SHAWN DAVITT AND THE MINISTER OF NATIONAL REVENUE MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR JUDGMENT BY: NOËL J.A. CONCURRED IN BY: EVANS J.A. SHARLOW J.A. DATED: June 15, 2007 WRITTEN REPRESENTATIONS BY: William Shawn Davitt ON HIS OWN BEHALF Lesley L’Heureux FOR THE RESPONDENT SOLICITORS OF RECORD: Mr. William Shawn Davitt Toronto, Ontario ON HIS OWN BEHALF JOHN H. SIMS, Q.C. Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT