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Date: 20000413 Docket: T‑568‑00 |
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BETWEEN: |
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ROCHELLE MOSS |
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Applicant |
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‑ and ‑ HER MAJESTY THE QUEEN |
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Respondent |
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Let the attached certified transcript of my Reasons for Order and Order delivered orally from the Bench at Winnipeg, Manitoba, on March 22, 2000, be filed to comply with section 51 of the Federal Court Act. |
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"John A. O'Keefe" |
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J.F.C.C. |
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Toronto, Ontario April 13, 2000 |
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1 |
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1 WEDNESDAY, MARCH 22, 2000 2 (UPON RECONVENING AT 3:35 P.M.) 3 4 THE COURT: On my break I have reviewed 5 the materials that were filed and I've come to the 6 following decision. Number one, the issue with respect 7 to short notice, and,if I'm correct, I believe that 8 that has effectively ‑‑ well, you're not pursuing that. 9 You're just looking for a stay; is that correct? 10 MR. SWAN: Well, right. We would still 11 need short notice to have that issue considered today. 12 THE COURT: Okay. Well, I'll deal with 13 both. The issue with respect to short notice I thought 14 had been abandoned when you indicated all we were 15 looking for was a stay. But if not, I would not grant 16 the short leave request pursuant to the Federal Court 17 Rules for the hearing of this application. The matters 18 are complicated and in this case the Respondent should 19 be allowed to file its materials and take the steps 20 allowed by the rules. In fact, this is necessary in 21 order to allow the court to properly deal with the 22 issues that are raised in the request to set aside the 23 statutory set off which is the main matter. 24 Issue number two is with respect to the stay. 25 I've been asked to stay the set off order, that it was
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1 issued pursuant to Section 224.1 of the Income Tax Act 2 on terms and conditions to be approved by the court. 3 I'm not prepared to stay the set off order as I am not 4 satisfied that the continued existence of the order 5 will cause irreparable harm to the Applicant. In order 6 to be able to grant the stay, I would have to be 7 satisfied of this and I am not. The application for a 8 stay of the set off order is dismissed. 9 I've been asked to address the order as to 10 costs. Costs in this matter will be costs in the 11 cause. So that I believe counsel, dispenses with the 12 items that I was asked to deal with today. 13 Thank you both counsel for preparing and it 14 was short notice for both of you and thank you for your 15 arguments. 16 (Adjourned at 3:38 p.m.)
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CERTIFICATE OF REPORTER |
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I, Joanne Louise Acthim, a duly sworn Official Examiner in and |
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for the Province of Manitoba, do hereby certify that the |
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foregoing pages of typewritten matter are a true and accurate |
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account of the evidence and proceedings as taken by me in |
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stenomask recording to the best of my skill and ability. |
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Dated thi~1s f~.. day of r‑ |
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A. D. 2000. |
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____________ Official xaminer, Q.B.
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FEDERAL COURT OF CANADA |
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TRIAL DIVISION |
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NAMES OF COUNSEL AND SOLICITORS OF RECORD |
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DOCKET: T‑568‑00 |
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STYLE OF CAUSE: ROCHELLE MOSS ‑ and ‑ HER MAJESTY THE QUEEN
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PLACE OF HEARING: WINNIPEG, MANITOBA |
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DATE OF HEARING: WEDNESDAY, MARCH 22, 2000 REASONS FOR ORDER AND ORDER OF O'KEEFE J. DATED: THURSDAY, APRIL 13, 2000 APPEARANCES:
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Andrew Swan |
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FOR APPLICANT |
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Jeff Pniowsky |
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FOR RESPONDENT |
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SOLICITORS OF RECORD: |
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Thompson Dorfman Sweatman Toronto Dominion Centre 2200‑201 Portage Avenue Winnipeg, Manitoba |
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R3B 3L3
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FOR APPLICANT |
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Department of Justice Canada Winnipeg Regional Office 301‑310 Broadway Winnipeg, Manitoba |
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R3C OS6
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FOR RESPONDENT |
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