North American News v. Deputy Minister of National Revenue for Customs and Excise, (1974) 1 N.R. 382 (FCA)

• Judge: Jackett, C.J., Thurlow and Pratte, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: January 07, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1974), 1 N.R. 382 (FCA)

North Am. News v. MNR (1974), 1 N.R. 382 (FCA)

MLB headnote and full text

North American News v. Deputy Minister of National Revenue for Customs and Excise

Indexed As: North American News v. Deputy Minister of National Revenue for Customs and Excise

Federal Court of Appeal

Jackett, C.J., Thurlow and Pratte, JJ.

January 7, 1974.

Summary:

This interlocutory matter arose out of an appeal from a judgment of a county court judge pursuant to s. 47 of the Customs Act. S. 48 of the Customs Act stated that a party may appeal from such a judgment to the Federal Court of Canada by serving and filing a notice of appeal within 60 days from the making of the judgment. The applicant filed a "notice of intention to appeal and apply for leave to appeal" within the required sixty day period. The Federal Court of Appeal dismissed the application for leave to appeal because the applicant failed to file a notice of appeal as required by s. 48.

This interlocutory matter was heard by the Federal Court of Appeal pursuant to rule 1107 of the Federal Court Rules. Rule 1107 states: "(1) Unless the Chief Justice, or judge nominated by him, of his own motion or on an ex parte request, otherwise directs for special reason, (a) an application under section 31(2) of the Act for leave to appeal from a judgment of the Court of Appeal to the Supreme Court of Canada that is being made as contemplated by Rule 1106(1)(d), (b) an application for leave to appeal to the Court of Appeal, or (c) an application to the Court of Appeal or to a judge thereof for extension of time, shall be made in the manner contemplated by Rule 324 and the provisions of paragraphs (2), (3) and (4) of Rule 324 shall be applicable to any such application as if it were made under paragraph (1) of Rule 324.

"(2) An application under paragraph (1), and any other application made to the Court of Appeal or to a judge thereof, in the manner contemplated by Rule 324 or 325, shall be deemed to have been heard in the Court before the appropriate number of judges when an appropriate number of judges have considered the papers and have, by an order signed by the senior judge who has so considered the papers, pronounced an order or judgment disposing of the application."

Practice - Topic 9001

Appeals - Form of notice of appeal - Appeal to the Federal Court of Canada pursuant to s. 48 of the Customs Act - The applicant filed within the required 60 day time period a "notice of intention to appeal and apply for leave to appeal" and not a "notice of appeal" as required by s. 48 - The Federal Court of Appeal dismissed an application for leave to appeal because the applicant failed to file a notice of appeal within the sixty day period.

Statutes Noticed:

Customs Act, R.S.C. 1970, c. C-40, sect. 48 [para. 3].

Counsel:

Mannie Brown, for the appellant;

D.S. Thorson, Q.C., for the respondent.

The judgment of the court was delivered by Jackett, C.J.