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Date: 20041005

Docket: A-110-04

Citation: 2004 FCA 337

CORAM:        DÉCARY J.A.

NADON J.A.

MALONE J.A.

BETWEEN:

                                                              ANDREW SMITH

                                                                                                                                            Appellant

                                                                           and

                                                    HER MAJESTY THE QUEEN

                                                                             

                                                                                                                                        Respondent

                                 Heard at Vancouver, British Columbia on October 5, 2004.

           Judgment delivered from the Bench at Vancouver, British Columbia on October 5, 2004.

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


Date: 20041005

Docket: A-110-04

Citation: 2004 FCA 337

CORAM:        DÉCARY J.A.

NADON J.A.

MALONE J.A.

BETWEEN:

                                                              ANDREW SMITH

                                                                                                                                            Appellant

                                                                           and

                                                    HER MAJESTY THE QUEEN

                                                                             

                                                                                                                                        Respondent

                                     REASONS FOR JUDGMENT OF THE COURT

             (Delivered from the Bench at Vancouver, British Columbia on October 5, 2004)

NADON J.A.

[1]                This is an appeal from a decision of Judge Rip of the Tax Court of Canada dated February 3, 2004 who dismissed the Appellant's application for an order extending the time within which appeals from assessments made by the Minister of National Revenue under the Income Tax Act concerning taxation years 1995 and 1996 could be filed.


[2]                Judge Rip, in concluding as he did, was of the view that, inter alia, the Appellant had no reasonable grounds to appeal the Minister's assessments.

[3]                We are all of the view that Judge Rip made no error in so concluding. We are also of the view that, in the circumstances of this case, there was no breach of the Appellant's rights under section 2(e) of the Canadian Bill of Rights.

[4]                Consequently, this appeal will be dismissed with costs.

(Sgd.) "Marc Nadon"

        J.A.


                                                  FEDERAL COURT OF APPEAL                                                 

                           NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          A-110-04                      

STYLE OF CAUSE:                          Andrew Smith v. Her Majesty the Queen

                                                                            

PLACE OF HEARING:                    Vancouver, B.C.

DATE OF HEARING:                      October 5, 2004            

REASONS FOR JUDGMENT: DÉCARY, NADON, MALONE JJ.A.

REASONS READ FROM THE BENCH BY: NADON J.A.

APPEARANCES:

Mr. Andrew Smith                                                                     FOR THE APPELLANT

(pro-se)

Mr. Michael Taylor                                                                    FOR THE RESPONDENT

Ms. Patricia Babcock

SOLICITORS OF RECORD:

Mr. Morris Rosenberg                                                               FOR THE RESPONDENT

Deputy Attorney General for Canada


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