Azouz v. Canada (Procureur général), (2000) 195 F.T.R. 1 (TD)
Judge | Blais, J. |
Court | Federal Court (Canada) |
Case Date | April 06, 2000 |
Jurisdiction | Canada (Federal) |
Citations | (2000), 195 F.T.R. 1 (TD) |
Azouz v. Can. (P.g.) (2000), 195 F.T.R. 1 (TD)
MLB headnote and full text
[French language version follows English language version]
[La version française vient à la suite de la version anglaise]
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Temp. Cite: [2000] F.T.R. TBEd. MY.045
Gabriel Azouz (demandeur) v. Le Procureur Général du Canada (défendeur)
(T-34-99)
Indexed As: Azouz v. Canada (Procureur général)
Federal Court of Canada
Trial Division
Blais, J.
April 17, 2000.
Summary:
Azouz applied for judicial review to quash a request for information by Revenue Canada to the U.S. Internal Revenue Service. The Crown moved for leave to file four supplementary affidavits.
The Federal Court of Canada, Trial Division, dismissed the motion.
Administrative Law - Topic 3345
Judicial review - Practice - Affidavit evidence - In January 1999, Azouz applied for judicial review to quash a request for information by Revenue Canada to the U.S. Internal Revenue Service - The Crown applied for leave to file four supplementary affidavits related to a December 1999 meeting between Azouz's tax consultant and a Crown representative - Azouz argued that the affidavits were inadmissible because, inter alia, the consultant was discussing settlement and disclosed some information in a confidential context - The meeting took place in the absence of counsel for both parties - The Federal Court of Canada, Trial Division, refused to admit the affidavits - The consultant could reasonably have believed that the information conveyed would be considered confidential - Further, the affidavits related to events that occurred subsequent to the filing of the application for judicial review and were irrelevant to the decision sought to be reviewed.
Administrative Law - Topic 3345.1
Judicial review - Practice - Evidence (incl. new evidence) - [See Administrative Law - Topic 3345 ].
Evidence - Topic 4166
Witnesses - Privilege - Communications - General - Offers of settlement or settlement negotiations - [See Administrative Law - Topic 3345 ].
Cases Noticed:
Home Juice Co. v. Orange Maison ltée, [1968] 1 Ex. C.R. 163, refd to. [para. 12].
Andres Wines Ltd. v. Canadian Marketing International Ltd. (1986), 2 F.T.R. 292 (T.D.), refd to. [para. 13].
Authors and Works Noticed:
Sopinka, John, Lederman, Sydney N., and Bryant, Alan W., The Law of Evidence in Canada (1992), pp. 719-734 [para. 18].
Counsel:
Michel Matthieu, for the applicant;
Maria Grazia Bittichesu, for the respondent.
Solicitors of Record:
Sweibel Novek, Montreal, Quebec, for the applicant;
Morris Rosenberg, Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.
This motion was heard at Montreal, Quebec, on April 6, 2000, by Blais, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on April 17, 2000, at Vancouver, British Columbia.
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