KEITH DAVID LAWSON, A NATURALPERSON Applicant v. THE MINISTER OF NATIONAL REVENUE AS, 2011 FC 529
Opinion
Federal Court Cour fédérale Date: 20110506 Docket: T-1558-10 Citation: 2011 FC 529 Vancouver, British Columbia, May 6, 2011 PRESENT: The Honourable Mr.
Justice Pinard BETWEEN: KEITH DAVID LAWSON, A NATURALPERSON Applicant and THE MINISTER OF NATIONAL REVENUE ASTHE MINISTER RESPONSIBLE FORTHE CANADA REVENUE AGENCY Respondent REASONS FOR ORDER AND ORDER [1] The applicant’s appeal, pursuant to Rule 51 of the Federal Courts Rules, of the order of Prothonotary Lafrenière datedMarch 29, 2011, denying his motion to amend his notice of application is dismissed, as upon either a de novo review or a moredeferential review of the Prothonotary’s discretion, the order is obviously correct. [2] First, the sought amendments constitute a collateral attack on the applicant’s potential tax liabilities and search warrantsissued by the BC Provincial Court which fall outside this Court’s jurisdiction. [3] Second, the applicant challenges primarily administrative and investigatory steps of government officials that are not capableof being judicially reviewed. [4] Third, the applicant’s allegations respecting the Minister’s application for a search warrant under the Criminal Code versusthe Income Tax Act (or the Excise Tax Act) have no chance of success (see R v Multiform Manufacturing Co, (SCC),[1990] 2 SCR 624; and R v Grant, [1993] 3 SCR 233 at paras. 40-43). [5] Fourth, it is clear, therefore, that the proposed amendments would not facilitate the determination of the real questions incontroversy between the parties, and would not serve the interests of justice.
I HEREBY CERTIFY that the above document is a true copy of the original filed of record in the Registry of the Federal Court the _________ day of ______________________________, A.D. 20________ Dated this _____ day of _________________, 20_____ _____________________________________________ Alastair Hull, Registry Officer [ 6 ] Consequently, the applicant’s motion will be dismissed with costs in an amount fixed at $750. ORDER THIS COURT ORDERS that the Applicant’s motion is dismissed with costs in an amount fixed at $750. “Yvon Pinard” Judge FEDERAL COURT SOLICITORS OF RECORD
DOCKET: T-1558-10 STYLE OF CAUSE: KEITH DAVID LAWSON, A Natural Person v. THE MINISTER OF NATIONAL REVENUE as the Minister Responsible for the Canada Revenue Agency MOTION IN WRITING CONSIDERED AT VANCOUVER , BRITISH COLUMBIA , PURSUANT TO RULE 369 REASONS FOR ORDER AND ORDER: PINARD J. DATED: May 6, 2011 WRITTEN REPRESENTATIONS BY : Keith David Lawson FOR THE APPLICANT (self-represented) David Everett FOR THE RESPONDENT SOLICITORS OF RECORD : n/a FOR THE APPLICANT Myles J. Kirvan Deputy Attorney General of Canada Vancouver , BC FOR THE RESPONDENT
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