CORAM: RICHARD C.J.
SEXTON J.A.
BETWEEN:
and
Respondent
Heard at Toronto, Ontario, on September 13, 2007.
Judgment delivered from the Bench at Toronto, Ontario, on September 13, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.
Docket: A-584-06
Citation: 2007 FCA 283
CORAM: RICHARD C.J.
SEXTON J.A.
SHARLOW J.A.
BETWEEN:
MINISTER OF NATIONAL REVENUE
Appellant
and
ASHOK KUMAR
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Judgment delivered from the Bench at Toronto, Ontario, on September 13, 2007)
RICHARD C.J.
[1] This is an appeal from a decision of Justice Hugessen (2006 FC 1470) dismissing the motion of the appellant Minister of National Revenue to strike certain parts of the statement of claim in Federal Court No. T-1708-02, and for summary dismissal of the action pursuant to Rule 213 of the Federal Courts Rules.
[2] In our view, Justice Hugessen properly exercised his discretion in dismissing the motion.
[3] The appeal will be dismissed with costs.
“J. Richard”
Chief Justice
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-584-06
(An appeal from the order of Mr. Justice Hugessen, dated December 6, 2006, whereby the Appellant’s motion for summary judgment was dismissed. Trial file No: T-1708-02.)
STYLE OF CAUSE: MINISTER OF NATIONAL REVENUE
Appellant
and
ASHOK KUMAR
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: SEPTEMBER 13, 2007
REASONS FOR JUDGMENT
OF THE COURT BY: (RICHARD C.J., SEXTON J.A. & SHARLOW J.A.)
DELIVERED FROM THE
APPEARANCES:
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FOR THE APPELLANT
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Deputy Attorney General of Canada
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FOR THE APPELLANT
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Matthew Wilton and Associates, Barristers & Solicitors Toronto, Ontario |
FOR THE RESPONDENT
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