Tax Court of Canada Judgments

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                                              TAX COURT OF CANADA

                                                 RE: EXCISE TAX ACT

 

                                                                                                        2004-4352(GST)APP

 

 

 

BETWEEN:                           STEVE MAMAN

Appellant

 

 

-and-

 

 

HER MAJESTY THE QUEEN

Respondent

 

[OFFICIAL ENGLISH TRANSLATION]

                                   

Held before the Honourable BRENT PARIS, offices of the Courts Administrative Service, Montréal, Quebec, January 28, 2005.

                                                      --------------------

                              APPLICATION FOR EXTENSION OF TIME

 

                                           REASONS FOR JUDGMENT

 

 

APPEARANCES:

 

ALAIN SAÏMAN

for the Appellant.

 

MARIO LAPRISE

for the Respondent.

 

Registrar/technician: Nicole Champagne

 

 

 

 

 

 

 

 

                               RIOPEL, GAGNON, LAROSE & ASSOCIÉS

                                                  215 Saint-Jacques Street,

                                                              suite 328

                                                       Montréal, Québec

                                                             H2Y 1M6

 

GST-4991                         JEAN LAROSE, official reporter


REASONS FOR JUDGMENT

PARIS J.:     It seems clear to me, Mr. Saïman, that I do not have jurisdiction to grant this extension. I agree with counsel for the Respondent concerning the absence of a legal mechanism in the law  to extend the time limit of thirty days found in section 304 of the Act: there is no mechanism. Where Parliament wished to provide a mechanism to extend time limits, it did so. That is clear.

So, the absence of a mechanism, in my opinion, reinforces the conclusion that the time limit is compulsory, that there is no way that this Court can extend the time limit. And I am sorry but, as I have already mentioned, I am bound by the Act and I have no jurisdiction in terms of equity, as you asked, and I am obliged to follow the decisions of this Court as well as the clear texts of the Act, and, for these reasons, I must dismiss the application.

                                                    *****************

 

Translation certified true

on this 24th day of October, 2007.

Gibson Boyd, Translator

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.