Date: 20010725
Docket: T-600-01
Neutral citation: 2001 FCT 833
Toronto, Ontario, Wednesday, the 25th day of July, 2001
PRESENT: Peter A. K. Giles, Esquire
Associate Senior Prothonotary
BETWEEN:
1205273 ONTARIO LIMITED
Applicant
- and -
CANADA CUSTOMS AND REVENUE AGENCY
Respondent
[1] An application is a proceeding permitted in the circumstances set out in Rule 300. The purported authorization for this application is Rule 300(b). That sub Rule applies the part to proceedings authorized by an act of parliament.
[2] It is argued that the Privacy Act and the Income Tax Act contained the necessary authorizations. The Respondent to the application and moving party to this motion has in my view correctly indicated that there is no authorization in either the Privacy Act or the Income Tax Act which would enable the Applicant to obtain the information of a taxpayer other than himself without that taxpayer's consent. This application is therefore, futile and the motion will be granted.
ORDER
UPON motion, dated the 18th day of May, 2001 on behalf of the Respondent, for:
1. An Order striking the Applicant's Notice of Application, dated April 5, 2001;
2. In the alternative, an extension of time within which to serve and file the Respondent's motion record in reply to the Applicant's Notice of Motion, dated May 8, 2001, pursuant to Rule 8 of the Rules;
3. Costs; and
4. Such further and other relief that this Honourable Court deems just.
IT IS ORDERED THAT:
The application is truck out.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
July 25, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-600-01
STYLE OF CAUSE: 1205273 ONTARIO LIMITED
Applicant
- and -
CANADA CUSTOMS AND REVENUE AGENCY
Respondent
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER
AND ORDER BY: GILES A.S.P.
DATED: WEDNESDAY, JULY 25, 2001
WRITTEN SUBMISSIONS BY: Ms. Panorea Katapodis
For the Applicant
Ms. Suzanne M. Bruce
For the Respondent
SOLICITORS OF RECORD: 1205273 Ontario Limited
1698 Queen Street East
Toronto, Ontario
M4L 1G6
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20010725
Docket: T-600-01
Between:
1205273 ONTARIO LIMITED
Applicant
- and -
CANADA CUSTOMS AND REVENUE
AGENCY
Respondent
REASONS FOR ORDER
AND ORDER