Judgments

Decision Information

Decision Content

T-5963-81
Gary P. Sorenson (Plaintiff) v.
Tax Review Board and Minister of National Revenue (Defendants)
Trial Division, Mahoney J.—Ottawa, April 8, 1982.
Practice — Motion by plaintiff ex parte in writing pursuant to Rule 324, for directions regarding procedure for filing declaration commencing action in which Tax Review Board and Minister of National Revenue named as defendants — Registry officers refusing to file and serve declaration under procedure prescribed by s. 48 of the Act for instituting pro ceedings against Crown — Whether action as constituted is proceeding within meaning of s. 48 — Application denied — Federal Court Act, R.S.C. 1970 (2nd Supp.) c. 10, s. 48 — Federal Court Rule 324, Tariff A.
MOTION. COUNSEL:
G. P. Sorenson on his own behalf. Patricia Lee for defendants.
SOLICITORS:
G. P. Sorenson, Kitchener, on his own behalf.
Deputy Attorney General of Canada for defendants.
The following are the reasons for order ren dered in English by
MAHONEY J.: This action was commenced by a declaration filed December 7, 1981. Without com menting on the sufficiency of the declaration as a pleading or considering whether it discloses a reasonable cause of action or other matters which may possibly be the subject of future interlocutory proceedings, the plaintiff's grievances clearly arise out of the assessments of his 1976, 1977 and 1978 income tax returns.
The plaintiff moves, in writing under Rule 324, for directions. He apparently did not wish to name Her Majesty the Queen as the defendant in his
action and he obviously feels that he was entitled to name the present defendants, pay the $2 filing fee prescribed by subsection 48(2), and have the Court serve the declaration as required by subsec tion 48(4) of the Federal Court Act.' I take the present notice of motion, although it is not entirely clear, as seeking directions from the Court to its registry officers to that end.
The plaintiff is mistaken. This action, as pres ently constituted, is not a proceeding within the contemplation of section 48. It is not a proceeding against the Crown. It is a proceeding against the named defendants, the Minister of National Reve nue and the Tax Review Board. Whatever their relationship to the Crown, they are not the Crown. The Crown is Her Majesty the Queen.
The registry officers of the Court were correct in requiring payment of the filing fee prescribed by paragraph 2(1) (a) of Tariff A for commencement of a proceeding. They were correct in classifying this as a class II proceeding and requiring payment of $25. They were also correct in refusing to effect service of the declaration on the defendants. The registry has been entirely correct in this matter. There are no directions properly to be given.
ORDER
The application is dismissed.
R.S.C. 1970 (2nd Supp.), c. 10.
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.