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34366

Eva Notburga Marita Sydel v. Her Majesty the Queen in Right of Canada, Attorney General for Canada, Richard Olney, Tim Geohogan, James Morrison, Andrea Berman, Chris Flemming, K. Bothwick, Pete Dehal, J. Lee, Juergen Leske, C. Lim, Joe M. Majchrowki, Jason Rauh, Thomas Redden, et al.

(British Columbia) (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)
2012-09-07 Close file on Leave
2012-09-04 Certificate of taxation issued to, Robert Frater
2012-09-04 Decision on the bill of costs, in the amount of $1,297.78, Reg
2012-09-04 Submission of the bill of costs, Reg
2012-08-13 Response to the bill of costs, Completed on: 2012-08-13 Eva Notburga Marita Sydel
2012-08-07 Bill of costs, Completed on: 2012-08-07 Her Majesty the Queen in Right of Canada, Attorney General for Canada, Richard Olney, Tim Geohogan, James Morrison, Andrea Berman, Chris Flemming, K. Bothwick, Pete Dehal, J. Lee, Juergen Leske, C. Lim, Joe M. Majchrowki, Jason Rauh, Thomas Redden
2012-06-19 Reconsideration not accepted for filing, (documents returned)
2012-02-15 Correspondence received from, Richard Hendery dated Feb. 15/12 re review of registrar's order Eva Notburga Marita Sydel
2012-02-06 Letter acknowledging receipt of a complete motion for reconsideration
2012-02-03 Motion for reconsideration of the application for leave to appeal, Completed on: 2012-02-03 Eva Notburga Marita Sydel
2011-12-23 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2011-12-23 Judgment on leave sent to the parties
2011-12-22 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA038182, 2011 BCCA 233, dated May 9, 2011, is dismissed with costs.
Dismissed, with costs
2011-12-15 Order on miscellaneous motion, (BY THE REGISTRAR)
2011-12-15 Decision on the miscellaneous motion, Reg, UPON APPLICATION made on behalf of the Applicant pursuant to the provisions of Rule 32(2) for an order to file additional material namely a motion for disclosure to be submitted to the leave panel;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
The motion is dismissed
Dismissed
2011-12-15 Submission of miscellaneous motion, Reg
2011-12-14 Reply to miscellaneous motion, (Letter Form), from Richard Hendery dated Dec. 14/11, Completed on: 2011-12-14 Eva Notburga Marita Sydel
2011-12-09 Response to miscellaneous motion, (Letter Form), From Kirat K. Khalsa, dated Dec. 9, 2011, in response to motions filed on Dec. 2 & 9, 2011., Completed on: 2011-12-09 Her Majesty the Queen in Right of Canada, Attorney General for Canada, Richard Olney, Tim Geohogan, James Morrison, Andrea Berman, Chris Flemming, K. Bothwick, Pete Dehal, J. Lee, Juergen Leske, C. Lim, Joe M. Majchrowki, Jason Rauh, Thomas Redden
2011-12-09 Notice of miscellaneous motion, Notice of motion pursuant to Rule 32(2) - granting the Applicant permission to file the notice of motion dated Nov. 29, 2011 and filed on Dec. 2, 2011., Completed on: 2011-12-09 Eva Notburga Marita Sydel
2011-12-09 Correspondence received from, K.Khalsa dated Dec 9, 2011 re: Court of appeal order Her Majesty the Queen in Right of Canada, Attorney General for Canada, Richard Olney, Tim Geohogan, James Morrison, Andrea Berman, Chris Flemming, K. Bothwick, Pete Dehal, J. Lee, Juergen Leske, C. Lim, Joe M. Majchrowki, Jason Rauh, Thomas Redden
2011-12-02 Notice of miscellaneous motion, for disclosure (service missing, rec'd Dec 12, 2011), Completed on: 2011-12-02 Eva Notburga Marita Sydel
2011-11-21 All materials on application for leave submitted to the Judges, CJ Ro Mo
2011-11-14 Correspondence received from, (Letter Form), R. Hendery dated November 14, 2011 re: page to be inserted in reply Eva Notburga Marita Sydel
2011-11-07 Correspondence received from, (Letter Form), E. Sydel, dated November 4, 2011 re: M. Hendery is representing her and request to remove a paragraph of her reply (original rec'd Nov 14) Eva Notburga Marita Sydel
2011-10-11 Correspondence received from, Richard Hendery dated October 7, 2011. Re: Will represent the applicant Eva Notburga Marita Sydel
2011-10-04 Applicant's reply to respondent's argument, (Letter Form), from E. Sydel dated September 13, 2011 (to AG Canada' s response), Completed on: 2011-10-24 Eva Notburga Marita Sydel
2011-10-04 Applicant's reply to respondent's argument, (Letter Form), from E. Sydel dated September 27, 2011 (to AGBC's response), Completed on: 2011-10-24 Eva Notburga Marita Sydel
2011-09-22 Correspondence received from, (Mrs. Sydel, dated September 19, 2011 requesting 34249 & 34366 to be submitted to the same panel) (rec'd by fax), original rec'd October 4, 2011 Eva Notburga Marita Sydel
2011-09-16 Correspondence received from, (Letter Form), (Applicant advising she has not received a copy of the Response from the AG of BC) rec'd by fax. Eva Notburga Marita Sydel
2011-09-08 Respondent's response on the application for leave to appeal, (Service on applicant missing, rec'd by fax November 1st, 2011), Completed on: 2011-11-01 Her Majesty the Queen in Right of British Columbia, Attorney General for British Columbia, Paul Meyers, Harbans Dhillon, Rosemary Gallagher, Valmond Romilly, Jodie Werier, John Doe and Jane Doe
2011-09-07 Respondent's response on the application for leave to appeal, Service missing (rec'd September 16, 2011), Completed on: 2011-09-16 Her Majesty the Queen in Right of Canada, Attorney General for Canada, Richard Olney, Tim Geohogan, James Morrison, Andrea Berman, Chris Flemming, K. Bothwick, Pete Dehal, J. Lee, Juergen Leske, C. Lim, Joe M. Majchrowki, Jason Rauh, Thomas Redden
2011-09-06 Correspondence received from, (Letter Form), Ms. Sydel dated September 5, 2011, re: draft CA order and letters sent to the CA of British Columbia Eva Notburga Marita Sydel
2011-08-08 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2011-08-04 Correspondence (sent by the Court) to, Ms. Sydel re:acknowledgment letter
2011-08-03 Application for leave to appeal, 2 volumes filed, CA order missing - rec'd Dec 9, 2011 - sent to the judges Dec 15, 2011, Completed on: 2011-12-09 Eva Notburga Marita Sydel

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
Sydel, Eva Notburga Marita Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen in Right of Canada, Attorney General for Canada, Richard Olney, Tim Geohogan, James Morrison, Andrea Berman, Chris Flemming, K. Bothwick, Pete Dehal, J. Lee, Juergen Leske, C. Lim, Joe M. Majchrowki, Jason Rauh, Thomas Redden Respondent Active
Joseph Remedios, Daniela Salmen, Robert Schell, Phil Seagle, Shania Walters, Michael Yiu, D. Kerr, M. Ma, Margaret Ashby, Warren Cooke, Dale King, David Morgan, Jim Talbot, Bruce Harper, Paul Pellitier, Jana Hyman Respondent Active
Her Majesty the Queen in Right of British Columbia, Attorney General for British Columbia, Paul Meyers, Harbans Dhillon, Rosemary Gallagher, Valmond Romilly, Jodie Werier, John Doe and Jane Doe Respondent Active

Counsel

Party: Sydel, Eva Notburga Marita

Counsel
Name
Richard Hendery
Contact information
1771 Nelson Street
Suite 202
Vancouver, British Columbia
V6G 1M6
Telephone: (604) 687-5188
FAX: (604) 687-5188
Email: rhendery2law@shaw.ca

Party: Her Majesty the Queen in Right of Canada, Attorney General for Canada, Richard Olney, Tim Geohogan, James Morrison, Andrea Berman, Chris Flemming, K. Bothwick, Pete Dehal, J. Lee, Juergen Leske, C. Lim, Joe M. Majchrowki, Jason Rauh, Thomas Redden

Counsel
Name
Kirat K. Khalsa
Contact information
Attorney General of Canada
Tax Law Services
900-840 Howe St.
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-2390
FAX: (604) 666-1462
Email: kirat.khalsa@justice.gc.ca
Agent
Name
Robert J. Frater
Contact information
Attorney General of Canada
Bank of Canada Building
234 Wellington Street, Room 1161
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca

Party: Joseph Remedios, Daniela Salmen, Robert Schell, Phil Seagle, Shania Walters, Michael Yiu, D. Kerr, M. Ma, Margaret Ashby, Warren Cooke, Dale King, David Morgan, Jim Talbot, Bruce Harper, Paul Pellitier, Jana Hyman

Counsel
Name
Kirat K. Khalsa
Contact information
Attorney General of Canada
Tax Law Services
900-840 Howe St.
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-2390
FAX: (604) 666-1462
Email: kirat.khalsa@justice.gc.ca
Agent
Name
Robert J. Frater
Contact information
Attorney General of Canada
Bank of Canada Building
234 Wellington Street, Room 1161
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca

Party: Her Majesty the Queen in Right of British Columbia, Attorney General for British Columbia, Paul Meyers, Harbans Dhillon, Rosemary Gallagher, Valmond Romilly, Jodie Werier, John Doe and Jane Doe

Counsel
Name
Thomas H. MacLachlan, Q.C.
Contact information
Attorney General of British Columbia
1001 Douglas Street - 3rd Floor
P.O. Box 9280, Stn. Prov. Govt.
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8888
FAX: (250) 953-4348
Email: tom.maclachlan@ag.gov.bc.ca
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

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.

Procedure – Conspiracy – Whether Canadian judges have a duty to disclose their membership in or association with a secret society – Whether the Government of Canada and Government of British Columbia have a duty to answer Interrogatories concerning membership of government employees or officers in Freemasonry – Whether the refusal of a judge to disclose his or her membership in or association with Freemasonry raise a reasonable apprehension of bias – Whether the Income Tax Act (1985) is valid legislation if the Income Tax Act (1948) is determined to have been a nullity – Whether the Income Tax Act (1948) was properly enacted in accordance with the mandatory provisions of the British North America Act – Whether the executive branch of government has the right to infringe Charter rights and freedoms secured by international treaty through the use of the criminal law – Whether the Unlawful Oaths Act (1797) and the Unlawful Societies Act (1799) prohibit Freemasons from acting as judges in Canada – Whether the Court of Appeal for British Columbia correct in its interpretation of the ambit and application of the ruling on the Supreme Court of Canada in the case of Ward v. The City of Vancouver, [2010] 2 S.C.R. 28.

This leave application arises from a challenge to the jurisdiction of the B.C. Supreme Court to dismiss a civil claim brought as a result of alleged improprieties, Charter breaches and other alleged wrongdoing occasioned during the course of criminal prosecution brought against Ms. Sydel, the applicant, in B.C. Provincial Court pursuant to the Income Tax Act by agents of the Government of Canada. In this case, Ms. Sydel claimed at the B.C. Supreme Court that the investigation leading up to her convictions and the proceedings before the Provincial Court were part of a conspiracy against her engaged in by employees of the Canada Revenue Agency, lawyers employed by the Federal Department of Justice, and the Provincial respondents.

Lower court rulings

May 5, 2010
Supreme Court of British Columbia

2010 BCSC 638, S097390

Applicant’s claim struck in its entirety; action dismissed.

May 9, 2011
Court of Appeal for British Columbia (Vancouver)

2011 BCCA 233, CA038182

Appeal dismissed.

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

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Webcasts

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Date modified: 2025-02-27