Date: 19980902
Docket: T-1092-96
MONTRÉAL, QUEBEC, THE 2nd DAY OF SEPTEMBER, 1998
Present: Mr. RICHARD MORNEAU, PROTHONOTARY
IN THE MATTER OF THE INCOME TAX ACT,
- AND -
IN THE MATTER OF AN ASSESSMENT
OR ASSESSMENTS BY THE
MINISTER OF NATIONAL REVENUE
UNDER ONE OR MORE OF THE FOLLOWING ACTS:
THE INCOME TAX ACT,
THE CANADA PENSION PLAN,
THE UNEMPLOYMENT INSURANCE ACT,
VERSUS
RÉGENT MILLETTE
Motion by Mr. Régent Millette for a release from a seizure executed by Revenue Canada from the Commission administrative des régimes de retraite et d"assurances (CARRA) and the Caisse d"Économie Laval-St-Laurent and to obtain the repayment of the monies received.
[S. 77 of the Act respecting Teachers Pension Plan,
Art. 1215, 2457 and 2458 of the C.C.Q.
Art. 553(7), (8) and (11) of the C.C.P.]
REASONS FOR ORDER AND ORDER
Mr. RICHARD MORNEAU, PROTHONOTARY:
[1] Unfortunately for the applicant, who is representing himself, the Court must dismiss his motion since the seizures contemplated in this proceeding are in fact the result of requirements for payment and these can only be attacked through an application for judicial review. In this regard, the applicant remains free to apply to a judge of this Court for an extension of the time in section 18.1(2) of the Federal Court Act, R.S.C. 1985, c. F-7.
Richard Morneau
Prothonotary
Certified true translation
Bernard Olivier
Federal Court of Canada
Court file no. T-1092-96
| IN THE MATTER OF THE INCOME TAX ACT, |
| - AND - |
| IN THE MATTER OF AN ASSESSMENT |
| OR ASSESSMENTS BY THE |
| MINISTER OF NATIONAL REVENUE |
| UNDER ONE OR MORE OF THE FOLLOWING ACTS: |
| THE INCOME TAX ACT, |
| THE CANADA PENSION PLAN, |
| THE UNEMPLOYMENT INSURANCE ACT, |
| VERSUS |
| RÉGENT MILLETTE |
REASONS FOR ORDER
AND ORDER
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| FILE NO. T-1092-96 |
| STYLE: IN THE MATTER OF THE INCOME TAX ACT, |
| - AND - |
| IN THE MATTER OF AN ASSESSMENT |
| OR ASSESSMENTS BY THE |
| MINISTER OF NATIONAL REVENUE |
| UNDER ONE OR MORE OF THE FOLLOWING ACTS: |
| THE INCOME TAX ACT, |
| THE CANADA PENSION PLAN, |
| THE UNEMPLOYMENT INSURANCE ACT, |
| VERSUS |
| RÉGENT MILLETTE |
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: August 31, 1998 |
REASONS FOR ORDER OF RICHARD MORNEAU, PROTHONOTARY
| DATED: September 2, 1998 |
APPEARANCES:
Mr. Régent Millette for the applicant
Mr. Claude Bernard for Her Majesty the Queen
SOLICITORS OF RECORD:
Mr. Claude Bernard for Her Majesty the Queen
Federal Department of Justice
Montréal, Quebec