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28717

Her Majesty the Queen v. Joe Markevich

(Federal) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2003-04-23 Record returned to the Registrar of the Court of Appeal
2003-03-14 Appeal closed
2003-03-07 Judgment on appeal and notice of deposit of judgment sent to all parties
2003-03-06 Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Federal Court of Appeal, Number A-174-99, dated May 7, 2001, heard on December 4, 2002 is dismissed with costs.
Dismissed, with costs
2002-12-17 Transcript received, (47 pp.)
2002-12-04 Respondent's condensed book Joe Markevich
2002-12-04 Appellant's book of authorities, (additional), Completed on: 2002-12-04 Her Majesty the Queen
2002-12-04 Acknowledgement and consent for video taping of proceedings
2002-12-04 Judgment reserved OR rendered with reasons to follow
2002-12-04 Hearing of the appeal, 2002-12-04, (V074), CJ G Ia Ma Ba Bi Arb LeB De
Judgment reserved
2002-11-27 Appellant's condensed book Her Majesty the Queen
2002-11-26 Notice of appearance, (Letter Form), from Edwin Kroft, dated Nov. 25, by fax. Teck Cominco Metals Ltd. ("Teck Cominco Metals")
2002-11-25 Notice of appearance, of Ian Worland, dated Nov. 25. Joe Markevich
2002-11-21 Notice of appearance, (Letter Form), of Graham Garton and Carl Januszczak, by fax, dated November 21 Her Majesty the Queen
2002-09-09 Appeal hearing scheduled, 2002-12-04
Judgment reserved
2002-09-03 Order on motion for leave to intervene, (15 MINUTES ORAL ARGUMENT GRANTED BY BASTARACHE J.)
2002-07-29 Appeal perfected for hearing, Session beginning on 2002-09-30
2002-07-24 Book of authorities, Completed on: 2002-07-24 Teck Cominco Metals Ltd. ("Teck Cominco Metals")
2002-07-24 Intervener's factum, Completed on: 2002-07-24 Teck Cominco Metals Ltd. ("Teck Cominco Metals")
2002-06-27 Respondent's book of authorities, Completed on: 2002-06-27 Joe Markevich
2002-06-27 Respondent's factum, Completed on: 2002-06-27 Joe Markevich
2002-05-08 Appellant's book of authorities, Completed on: 2002-05-08 Her Majesty the Queen
2002-05-08 Appellant's record, Completed on: 2002-05-08 Her Majesty the Queen
2002-05-08 Appellant's factum, Completed on: 2002-05-08 Her Majesty the Queen
2002-03-06 Order on motion for leave to intervene, (by the judge)
2002-03-06 Decision on the motion for leave to intervene, Ba, by TECK COMINCO METALS LTD. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and interveners (15 MINUTES ORAL ARGUMENT GRANTED SEPT. 3, 2002). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 18(6) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention.
Granted
2002-03-06 Submission of motion for leave to intervene, Ba
2002-03-05 Reply to the motion for leave to intervene, (Letter Form), from E. Kroft dated March 4, 2002 - 5 copies, Completed on: 2002-03-05 Teck Cominco Metals Ltd. ("Teck Cominco Metals")
2002-03-05 Response to the motion for leave to intervene, (Letter Form), from I. Worland dated March 1, 2002 (fax copy), Completed on: 2002-03-05 Joe Markevich
2002-03-01 Response to the motion for leave to intervene, (Letter Form), from J. Bowers dated March 1, 2002 (fax copy), Completed on: 2002-03-01 Her Majesty the Queen
2002-02-25 Motion for leave to intervene, book form, Completed on: 2002-02-25 Teck Cominco Metals Ltd. ("Teck Cominco Metals")
2002-01-15 Appeal court record, (1 box)
2002-01-07 Letter acknowledging receipt of notice of appeal
2002-01-04 Notice of appeal, Completed on: 2002-01-04 Her Majesty the Queen
2001-12-12 Correspondence (sent by the Court) to, all parties re: filing timetable / tentative hearing date
2001-12-07 Notice of deposit of judgment issued to all parties
2001-12-06 Judgment of the Court on the application for leave to appeal
Granted, without costs
2001-11-13 All materials on application for leave submitted to the Judges, CJ Ia Ba
2001-10-17 Respondent's response on the application for leave to appeal, (see order), Completed on: 2001-10-17 Joe Markevich
2001-09-27 Decision on the miscellaneous motion, Arb, for an order granting the applicant leave to file the supplementary affidavit of Rémi Coté in support of her application for leave to appeal.
Granted, no order as to costs
2001-09-27 Submission of miscellaneous motion, Arb
2001-09-20 Response to miscellaneous motion, (Letter Form), (Letter) re: consent, Completed on: 2001-09-20 Joe Markevich
2001-09-18 Affidavit, supplemental (see order of Sept. 27/01) Her Majesty the Queen
2001-09-18 Correspondence received from, C. Januszczak dated Sept. 12, 2001 re: technical error and an oversight in Mr. Côté's affidavit sworn on Aug. 2, 2001 Her Majesty the Queen
2001-09-18 Notice of miscellaneous motion, (to file the supplementary af fidavit of Rémi Côté (5 copies), Completed on: 2001-09-18 Her Majesty the Queen
2001-09-17 Order on motion to strike out, (by the Court)
2001-09-17 Decision on motion to strike out, LeB, The application filed by the respondent is dismissed but, a delay of 30 days starting from the day of the present judgment is granted in order to file a response to the motion for leave to appeal. The appellant will have its costs on the respondent's motion. (for reasons see order or long judgment).
Dismissed, with costs
2001-09-17 Submission of motion to strike out, LeB
2001-09-07 Reply to motion to strike out, (1 copy - by fax), Completed on: 2001-09-07 Joe Markevich
2001-08-31 Response to motion to strike out, Completed on: 2001-08-31 Her Majesty the Queen
2001-08-27 Correspondence received from, I. Worland dated Aug. 24, 2001 re: submissions in support of the motion to strike out - 5 copies Joe Markevich
2001-08-27 Motion to strike out, (par. 2 to 7 of the affidavit of Rémi Côté), also requesting cross-examination, extension and costs on motion, Completed on: 2001-08-27 Joe Markevich
2001-08-17 Letter acknowledging receipt of a complete application for leave to appeal
2001-08-07 Application for leave to appeal, Completed on: 2001-08-07 Her Majesty the Queen

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Her Majesty the Queen Appellant Active

v.

Main parties - Respondents
Name Role Status
Markevich, Joe Respondent Active

Other parties

Other parties
Name Role Status
Teck Cominco Metals Ltd. ("Teck Cominco Metals") Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Names
Judith A. Mauro Bowers, Q.C.
Carl Januszczak
Contact information
Attorney General of Canada
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 775-7421
FAX: (604) 666-1462
Agent
Name
Graham R. Garton, Q.C.
Contact information
Attorney General of Canada
234 Wellington Street
East Tower, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca

Party: Markevich, Joe

Counsel
Name
Ian Worland
Contact information
Legacy Tax & Trust Lawyers
1830 One Bentall Centre
505 Burrard Street, P.O. Box 47
Vancouver, British Columbia
V7X 1M6
Telephone: (604) 631-1220
FAX: (604) 683-6953
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Teck Cominco Metals Ltd. ("Teck Cominco Metals")

Counsel
Names
Edwin G. Kroft
Geoffrey T. Loomer
Contact information
McCarthy Tétrault LLP
1300 - 777 Dunsmuir Street
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 643-5900
FAX: (604) 622-5700
Email: ekroft@mccarthy.ca
Agent
Name
Colin S. Baxter
Contact information
McCarthy Tétrault LLP
1400 - 40 Elgin Street
Ottawa, Ontario
K1R 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

February 19, 1999
Federal Court of Canada, Trial Division

T-250-98

Application for judicial review of Respondent's income tax assessment relating to unpaid taxes, dismissed

May 7, 2001
Federal Court of Appeal

A-174-99

Appeal allowed: application for judicial review allowed; declaration Minister of National Revenue statute barred from taking any collection action against the Respondent

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-05-13