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Date: 20050614

Docket: A-172-04

Citation: 2005 FCA 226

CORAM:        ROTHSTEIN J.A.

EVANS J.A.

MALONE J.A.

BETWEEN:

                                                         STANLEY I. LICHMAN

Appellant

                                                                                                                                                           

                                                                           and

HER MAJESTY THE QUEEN

Respondent

Heard at Toronto, Ontario, on June 14, 2005.

Judgment delivered from the Bench at Toronto, Ontario, on June 14, 2005.

REASONS FOR JUDGMENT OF THE COURT BY:                                            ROTHSTEIN J.A.


Date: 20050614

Docket: A-172-04

Citation: 2005 FCA 226

CORAM:        ROTHSTEIN J.A.

EVANS J.A.

MALONE J.A.

BETWEEN:

                                                         STANLEY I. LICHMAN

Appellant

                                                                                                                                                           

                                                                           and

HER MAJESTY THE QUEEN

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Toronto, Ontario, on June 14, 2005)

ROTHSTEIN J.A.

[1]                We have not been persuaded that this is a case in which we should interfere with the discretion exercised by the Tax Court judge when she dismissed the appellant's appeal for failure to answer questions and comply with the Tax Court of Canada Rules (General Procedure) SOR/90-688, as amended.


[2]                The appellant asserted that he provided all the answers that were within his ability to provide. However, the Tax Court judge found that his answers were vague and incomplete. We cannot say that in so concluding she made any reversible error.

[3]                The appeal will be dismissed with costs of $1,500.00 inclusive of fees and disbursements.

                                                                                                                            "Marshall Rothstein"               

                                                                                                                                                      J.A.                         


                                                  FEDERAL COURT OF APPEAL

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                           A-172-04

STYLE OF CAUSE:               STANLEY I. LICHMAN

                                                                                                                                  Appellant

and

HER MAJESTY THE QUEEN

                                                                                                                                          Respondent

                                                                             

PLACE OF HEARING:                     TORONTO, ONTARIO

DATE OF HEARING:                       JUNE 14, 2005

REASONS FOR JUDGMENT

OF THE COURT:                               (ROTHSTEIN, EVANS & MALONE JJ.A.)

DELIVERED FROM

THE BENCH:                                     ROTHSTEIN J.A.

APPEARANCES:

Stanley I. Lichman                                FOR THE APPELLANT (Self-represented)

Donna Dorosh                           FOR THE RESPONDENT

SOLICITORS OF RECORD:

Stanley I. Lichman

Toronto, Ontario                                   FOR THE APPELLANT

John H. Sims, Q.C.

Deputy Attorney General of Canada

Toronto, Ontario                                   FOR THE RESPONDENT      


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