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.
41710
Khair Mohammad Doostyar sometimes known as Khair Mohammad Dostyar, et al. v. His Majesty the King
(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) |
|---|---|---|
| 2025-10-09 | Close file on Leave | |
| 2025-10-09 | Correspondence (sent by the Court) to, All parties, RE: Certificate of Taxation | |
| 2025-10-09 | Certificate of taxation issued to, Robert A. Zsigo | |
| 2025-10-09 | Decision on the bill of costs, in the amount of $1,003.30, Reg | |
| 2025-10-09 | Submission of the bill of costs, Reg | |
| 2025-09-09 | Bill of costs, Completed on: 2025-09-10 | His Majesty the King |
| 2025-07-31 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-07-31 | Judgment on leave sent to the parties | |
| 2025-07-31 |
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, Number A-18-24, 2025 FCA 6, dated January 13, 2025, is dismissed with costs. Dismissed, with costs |
|
| 2025-06-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-04-25 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-04-25, (Printed version due on 2025-05-02) | Khair Mohammad Doostyar sometimes known as Khair Mohammad Dostyar |
| 2025-04-15 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2025-04-24) | His Majesty the King |
| 2025-04-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-04-16, (Printed version due on 2025-04-24) | His Majesty the King |
| 2025-03-19 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-03-14 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2025-03-21) | Khair Mohammad Doostyar sometimes known as Khair Mohammad Dostyar |
| 2025-03-14 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2025-03-21) | Khair Mohammad Doostyar sometimes known as Khair Mohammad Dostyar |
| 2025-03-14 | Notice of name, (Letter Form), Form 14, (Printed version due on 2025-03-21) | Khair Mohammad Doostyar sometimes known as Khair Mohammad Dostyar |
| 2025-03-14 |
Application for leave to appeal, (Book Form), (13 volumes), Missing Proof of Service (Rec'd 2025-03-20), Completed on: 2025-03-14, (Printed version due on 2025-03-21) |
Khair Mohammad Doostyar sometimes known as Khair Mohammad Dostyar |
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 |
|---|---|---|
| Khair Mohammad Doostyar sometimes known as Khair Mohammad Dostyar | Applicant | Active |
| 1572680 Ontario Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Khair Mohammad Doostyar sometimes known as Khair Mohammad Dostyar
Counsel
515 Consumers Road Ste. 202
North York, Ontario
M2J 4W9
Telephone: (416) 773-0309
FAX: (416) 773-0909
Email: obarnwell@ogblaw.com
Party: 1572680 Ontario Inc.
Counsel
Toronto, Ontario
M2J 4Z2
Telephone: (416) 773-0309
FAX: (416) 773-0909
Email: obarnwell@ogblaw.com
Party: His Majesty the King
Counsel
Ian Moffatt
Tax Law Services Section
99 Bank Street , 11th floor
Ottawa, Ontario
K1A 0H8
FAX: (613) 941-2293
Email: robert.zsigo@justice.gc.ca
Agent
National Litigation Sector
275 Sparks Street, St-Andrew Tower
Ottawa, Ontario
K1A 0H8
Telephone: (613) 294-6588
Email: SCCAgentCorrespondentCSC@justice.gc.ca
Summary
Keywords
Judgments and orders — Reasons — Civil procedure — Reopening trial — Tax Court judge providing reasons for judgment to parties prior to issuing formal judgment — Applicants seeking to reopen trial — Tax Court judge refusing to reopen trial — Federal Court of Appeal dismissing appeal — Whether Federal Court of Appeal erring by failing to objectively assess Tax Court judge’s refusal to reopen trial to consider further submissions<br>
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.
Applicants Khair Mohammad Doostyar sometimes known as Khair Mohammad Dostyar and 1572680 Ontario Inc. appealed their reassessments for tax years 2010 and 2012. Before formally pronouncing judgment, the Tax Court judge sent draft, unsigned copies of the judgment and reasons to the parties, and invited comments concerning typographical, grammatical, punctuation, or similar errors or omissions.
The applicants asked the Tax Court to reopen the trial. The Tax Court declined to do so, and issued its judgment. The Federal Court of Appeal dismissed the applicants’ appeal.
Lower court rulings
Tax Court of Canada
2018-4198 (IT) G, 2018-4199 (IT) G
Appeals from reassessments allowed
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
Related links
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
Related links
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