Date: 20000127
Docket: A-386-98
CORAM: STRAYER J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
DRAGISA GAJIC
Appellant
- and -
HER MAJESTY THE QUEEN
IN THE NAME OF REVENUE CANADA
AND
HER MAJESTY THE QUEEN
IN THE RIGHT
MINISTER OF FINANCE AND CORPORATE RELATIONS
FOR THE PROVINCE OF BRITISH COLUMBIA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia
on Thursday, January 27, 2000.)
MALONE J.A.
[1] This appeal will be dismissed without costs. We sympathize with the appellant but in our view both Mr. Justice Rothstein and Mr. Hargrave, were correct in their disposition of the issues in this appeal. As against the Queen in Right of Canada the federal Crown has already remitted all federal taxes, penalties and interest for the years in issue and there is no other remedy we could give in this respect. As against the provincial Crown we are without jurisdiction. Section 17(1) of the Federal Court Act gives this Court jurisdiction only in connection with Her Majesty in Right of Canada.
[2] A copy of the appeal book will be made available to the appellant without charge.
(Brian Malone)
J.A.
Date: 20000127
Docket: A-386-98
CORAM: STRAYER J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
DRAGISA GAJIC
Appellant
- and -
HER MAJESTY THE QUEEN
IN THE NAME OF REVENUE CANADA
AND
HER MAJESTY THE QUEEN
IN THE RIGHT
MINISTER OF FINANCE AND CORPORATE RELATIONS
FOR THE PROVINCE OF BRITISH COLUMBIA
Respondent
Heard at Vancouver, British Columbia, on Thursday, January 27, 2000.
Judgment rendered from the Bench at Vancouver, British Columbia on Thusday, January 27, 2000
REASONS FOR JUDGMENT OF THE COURT BY: MALONE J.A.