T-2570-96
BETWEEN:
JAVED AHMAD
NAHEED SURRYA AHMAD
TAHIRA PARVEEN CHAUDHRY
KHUSH B.R. CHAUDHRY
Applicants,
AND:
THE MINISTER OF NATIONAL REVENUE
Respondent.
ORDER AND REASONS THEREFOR
JOYAL, J.:
This is an appeal by the Applicants, coupled with an Appeal by the Respondent, with respect to the contents of the record in the Applicants' application for judicial review.
The appeals are from an Order of the learned Prothonotary, dated June 13, 1997. For reasons given by the Prothonotary, both the Applicants' motion and that of the Respondent were dismissed.
Upon a reading of the pleadings and the material on file, and upon the hearing of the appeal, where I heard strong argument from both counsel, it is clear that the issues are somewhat complex and not easily broken down into their several parts. Nevertheless, I am satisfied that with respect to both the case for the Applicants and the case for the Respondent, the issues are better left open to the good judgment of the judge hearing the main application for judicial review.
There is no doubt that the Applicants' motion, both as to the timeliness of their additional filing and as to the form of filing, is not of classic textbook style. Moreover, it is not clear that the requirements of Rules 1602 et seq. of the Rules of the Federal Court have been respected, nor that section 57 of the Federal Court Act might not be in play.
Similarly, however, the Respondent's motion is not without its own taint. Applications to strike do not sit well in judicial review proceedings, which are by nature to be advanced summarily to an early disposition. Many of the objections raised by interlocutory motion with respect to admissibility, relevancy and timeliness are often better left to the judgment of the presiding judge.
O R D E R
It is my view that on the foregoing grounds, the Prothonotary's Order of June 13, 1997, should not be disturbed. Thus, the appeal filed by the Applicants and that filed by the Respondent are both hereby dismissed.
L. Marcel Joyal
J U D G E
M O N T R E A L, Quebec
August 12, 1997.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NUMBER: T-2570-96
| BETWEEN: JAVED AHMAD |
NAHEED SURRYA AHMAD
TAHIRA PARVEEN CHAUDHRY
KHUSH B.R. CHAUDHRY
Applicants
- and -
| THE MINISTER OF NATIONAL REVENUE |
Respondent
PLACE OF HEARING: Montréal, Québec
DATE OF HEARING: July 14, 1997
REASONS FOR ORDER: the Honourable Mr. Justice Joyal
DATED: August 12, 1997
APPEARANCES:
Mr. Sébastien Rheault for the Applicants
Ms. Maria Bittichesu for the Respondent
SOLICITORS OF RECORD:
Sweibel Novek
Montréal (Québec) for the Applicants
George Thomson
Deputy Attorney General of Canada
Federal Department of Justice
Montréal (Québec) for the Respondent