Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
36509
Kin Fong v. Her Majesty the Queen
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-11-09 | Close file on Leave | |
| 2015-10-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-10-30 | Judgment on leave sent to the parties | |
| 2015-10-29 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Numbers A-238-14, A-239-14, A-240-14 and A-241-14, 2015 FCA 102, dated April 21, 2015, is dismissed with costs. Dismissed, with costs |
|
| 2015-09-08 | All materials on application for leave submitted to the Judges, Cro Wa Côt | |
| 2015-09-08 | Submission of motion to extend time to file and/ or serve the leave application, Cro Wa Côt | |
| 2015-08-19 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-08-19) | Her Majesty the Queen |
| 2015-08-19 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2015-08-19, (Electronic version filed on 2015-08-19) | Her Majesty the Queen |
| 2015-07-09 | Letter advising parties of a complete application for leave to appeal, file opened 2015-07-09. | |
| 2015-06-18 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2015-06-18 | Kin Fong |
| 2015-06-18 | Application for leave to appeal, (Book Form), Completed on: 2015-06-18 | Kin Fong |
| 2015-05-22 | Letter requesting further materials; Court file number not assigned | |
| 2015-05-04 | Correspondence received from, (Letter Form), Applicant, re: No Application for leave to appeal has been filed - only an notice of Intention to file. | Kin Fong |
| 2015-04-22 | Letter acknowledging receipt of an application for leave to appeal, acknowledgment of a notice filed | |
| 2015-04-20 | Certificate (on limitations to public access) | Kin Fong |
| 2015-04-20 | Notice of application for leave to appeal, Proof of service missing., Completed on: 2015-04-20 | Kin Fong |
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
| Name | Role | Status |
|---|---|---|
| Fong, Kin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Fong, Kin
This party is not represented by counsel.
Party: Her Majesty the Queen
Counsel
99 Bank Street
11th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6483
FAX: (613) 941-2293
Email: fmorand@justice.gc.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.
Charter of Rights – Presumption of innocence – Right to fair hearing – Violation of rights – Taxation – Income tax – Assessment – Applicant’s motions for discretionary and declaratory relief dismissed – Whether Tax Court allowed a re-statement to ignore, deny or abrogate constitutional rights guaranteed to all Canadians – Whether the Canada Revenue Agency actually exists as a lawful and legal entity – Whether it and its personnel are bound by Constitution Act, 1982 and Charter – Whether effect of discretion by both courts was to violate, ignore, avoid, deny and abrogate applicant’s guaranteed constitutional rights – What does Supremacy of God and rule of law promised in preamble of Charter actually mean?
Mr. Fong filed four appeals from four orders made by the Tax Court of Canada. The appeals all challenged the Minister’s tax reassessments for Mr. Fong for the 2001-2009 taxation years. The Federal Court of Appeal categorized some of these appeals as discretionary while other appeals sought legal relief.
Lower court rulings
Federal Court of Appeal
A-238-14, A-239-14, A-240-14, A-241-14, 2015 FCA 102
Applicant’s appeals from orders of Tax Court dismissed.
Memorandums of argument on application for leave to appeal
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 filing 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
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Related links
Factums on appeal
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
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