BETWEEN:
and
THE MINISTER OF NATIONAL REVENUE,
____________________________________________________________________
Conference call held on October 17, 2008 at
Before: The Honourable Justice D.W. Beaubier
____________________________________________________________________
ORDER
WHEREAS BY Notice of Motion dated the 10th day of September, 2008, counsel for the Respondent requested an Order under section 110 of the Tax Court of Canada Rules (General Procedure) requiring the Appellant to provide the Respondent with copies of her Medical Records (“MSP Records”) for the period April 1, 2001 to September 30, 2001 inclusive;
AND having heard counsel for the parties during a conference call held on Friday, October 17, 2008;
NOW THEREFORE the Court orders that on or before December 1, 2008 the Appellant provide the Respondent with copies of the MSP Records for the period April 20, 2001 to September 29, 2001 inclusive.
Signed at
BETWEEN:
RAJWINDER K. BAWJA,
Appellant,
and
THE MINISTER OF NATIONAL REVENUE,
Respondent.
REASONS FOR ORDER
[1] Counsel for the Respondent maintained that the Medical Service Records (“MSP Records”) are relevant. Counsel for the Respondent referred to the decision of Bowman, C.J. where he said that the test is relevance.
[2] Counsel for the Appellant maintained that the MSP Records were personal and she said that the Respondent was on a fishing expedition.
[3] The MSP Records for the period in question, namely April 20, 2001 to September 29, 2001 inclusive, are relevant and shall be produced by the Appellant on or before December 1, 2008.
Signed at
“D.W. Beaubier”
Beaubier D.J.
STYLE OF CAUSE: Rajwinder K. Bawja and
The Minister of National Revenue
PLACE OF HEARING:
DATE OF HEARING: October 17, 2008
REASONS FOR ORDER BY: The Honourable Justice D.W. Beaubier
DATE OF ORDER: October 17, 2008
APPEARANCES:
Counsel for the Appellant:
|
James Sayre and Sarah Khan
|
Counsel for the Respondent:
|
Selena Sit, and Max Matas
|
COUNSEL OF RECORD:
Firm: Community Legal Assistance Society,
Name: Sarah Khan
Firm: The
For the Respondent: John H. Sims, Q.C.
Deputy Attorney General of Canada
Ottawa, Canada