Richard v. Minister of National Revenue (Customs and Excise), (1995) 137 Nfld. & P.E.I.R. 71 (NFTD)

JudgeDunn, J.
CourtSupreme Court of Newfoundland and Labrador (Canada)
Case DateNovember 28, 1995
JurisdictionNewfoundland and Labrador
Citations(1995), 137 Nfld. & P.E.I.R. 71 (NFTD)

Richard v. MNR (1995), 137 Nfld. & P.E.I.R. 71 (NFTD);

    428 A.P.R. 71

MLB headnote and full text

Jeanne Marguerite Richard (applicant) v. Deputy Minister of National Revenue For Customs and Excise (respondent)

(1995 G.B. No. 87)

Indexed As: Richard v. Minister of National Revenue (Customs and Excise)

Newfoundland Supreme Court

Trial Division

Dunn, J.

November 28, 1995.

Summary:

Richard's automobile was seized under the Customs Act. The vehicle was being used by Richard's son at the time of the seizure. Richard applied under s. 139 of the Act for a declaration that her interest in the vehicle was not affected by the seizure.

The Newfoundland Supreme Court, Trial Division, denied the application.

Customs - Topic 3005

Search and seizure - Declaration that interest not affected by seizure - Richard's automobile was seized under the Customs Act - The vehicle was being used by Richard's son at the time - Richard sought a declaration that her interest in the vehicle was not affected by the seizure - The Newfoundland Supreme Court, Trial Divi­sion, denied the application - Evidence indicated that Richard knew of her son's activities and suggested complicity on her part - Even without evidence of such complicity, Richard failed to discharge the onus to ensure that the vehicle was not intended to be used for illegal activity - Both of her sons had convictions under the Customs Act and Richard lived in an area where smuggling was frequent - She had a positive obligation to ask her son about his intended use of the vehicle.

Cases Noticed:

Tulk v. Canada (1988), 74 Nfld. & P.E.I.R. 322; 231 A.P.R. 322 (Nfld. T.D.), consd. [para. 11].

Walsh v. Minister of National Revenue (Customs and Excise) (1990), 85 Nfld. & P.E.I.R. 339; 266 A.P.R. 339 (Nfld. T.D.), consd. [para. 12].

Evan's Sales and Service Ltd. v. Minister of National Revenue (Customs and Excise)(No. 1) (1990), 85 Nfld. & P.E.I.R. 343; 266 A.P.R. 343 (Nfld. T.D.), refd to. [para. 12].

Deputy Minister of National Revenue v. Industrial Acceptance Corp. (1958), 15 D.L.R.(2d) 369 (S.C.C.), consd. [para. 13].

Doyle v. Minister of National Revenue (1993), 106 Nfld. & P.E.I.R. 53; 334 A.P.R. 53 (Nfld. T.D.), refd to. [para. 15].

Statutes Noticed:

Customs Act, R.S.C. 1985 (2nd Supp.), c. 1, sect. 139 [para. 10].

Counsel:

Jeanne Marguerite Richard appeared on her own behalf;

Glen W. Picco, for the respondent.

This application was heard before Dunn, J., of the Newfoundland Supreme Court, Trial Division, who filed the following decision on November 28, 1995.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT