BETWEEN:
ELSBETH VANKERK
and
Dealt with in writing without appearance of parties.
Order delivered at Ottawa, Ontario, on April 24, 2008.
REASONS FOR ORDER BY: SHARLOW J.A.
Docket: A-246-05
Citation: 2008 FCA 155
Present: SHARLOW J.A.
BETWEEN:
WILLEM VANKERK
ELSBETH VANKERK
Appellants
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR ORDER
[1] The appellants are seeking an order for payment of approximately $350 standing to their credit in an account held by the Court. The respondent, the Crown, objects to the payment.
[2] The amount in the Court account represents interest earned on $4,774.75 that the appellants were ordered to pay into Court as security for costs in an income tax appeal. When the appeal was unsuccessful (2006 FCA 96), the Crown sought and obtained an order for payment of the $4,774.45 in satisfaction of its award of costs.
[3] The Crown does not suggest that the accrued interest is not the property of the appellants, but objects to the payment because they have an outstanding income tax liability. In my view, that is not a valid objection to the appellants’ request to receive the money that belongs to them.
[4] An order will be made requiring the accrued interest to be paid in trust to the solicitors for the appellants.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-246-05
STYLE OF CAUSE: WILLEM VANKERK
ELSBETH VANKERK
v. HER MAJESTY THE QUEEN
MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: SHARLOW J.A.
WRITTEN REPRESENTATIONS BY:
|
FOR THE APPELLANTS
|
|
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Cambridge, Ontario
|
FOR THE APPELLANTS
|
|
Deputy Attorney General of Canada Ottawa, Ontario |
FOR THE RESPONDENT
|