Case information
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41815
Miguel Angel Montano Gutierrez v. His Majesty the King in Right of Canada
(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) |
|---|---|---|
| 2026-04-08 | Close file on Leave | |
| 2026-04-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-04-02 | Judgment on leave sent to the parties | |
| 2026-04-02 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The applicant’s motion to be dispensed from filing the printed version of the application for leave to appeal and related documents is granted. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-181-24, dated March 14, 2025, is dismissed. Dismissed |
|
| 2026-04-02 |
Decision on motion to extend time, CJ Row Ob, See judgment on application. Granted |
|
| 2026-04-02 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application. Granted |
|
| 2026-04-02 |
Decision on the miscellaneous motion, CJ Row Ob, See judgment on application. Granted |
|
| 2026-02-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2026-02-09 | Submission of motion to extend time, CJ Row Ob | |
| 2026-02-09 | Submission of motion to extend time to file and/ or serve the leave application, CJ Row Ob | |
| 2026-02-09 | Submission of miscellaneous motion, CJ Row Ob | |
| 2025-10-07 |
Applicant's reply to respondent's argument, (Letter Form), Missing: -Read/receipt - Delivery receipt - confirmation of the email (Rec'd 2025-11-26) , Completed on: 2025-11-27 |
Miguel Angel Montano Gutierrez |
| 2025-09-29 | Response to motion to extend time, (Letter Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2025-09-29, (Printed version filed on 2025-11-13) | His Majesty the King in Right of Canada |
| 2025-09-29 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2025-11-13) | His Majesty the King in Right of Canada |
| 2025-09-29 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-09-29, (Printed version filed on 2025-11-13) | His Majesty the King in Right of Canada |
| 2025-09-09 | Lower court order - e-filing, (Letter Form), TC Orders | Miguel Angel Montano Gutierrez |
| 2025-09-02 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-09-02 |
Application for leave to appeal, (Book Form), Missing TC Judgment and Orders (Rec'd 2025-09-09), Completed on: 2025-09-09 |
Miguel Angel Montano Gutierrez |
| 2025-09-02 | Motion to extend time, (Book Form), Completed on: 2025-09-02 | Miguel Angel Montano Gutierrez |
| 2025-08-15 | Letter and notice pursuant to Rule 64 sent to, All parties via email | |
| 2025-05-22 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-05-13 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the notice of miscellaneous motion), Completed on: 2025-09-02 | Miguel Angel Montano Gutierrez |
| 2025-05-13 |
Notice of application for leave to appeal, (Book Form), Missing Amended Notice of Application (citing correct provision of law) (2025-09-02) MOA (2025-09-02) TC Judgment and Orders (Rec'd 2025-09-09) Proof of Service (2025-09-02) , Completed on: 2025-09-09 |
Miguel Angel Montano Gutierrez |
| 2025-05-13 | Certificate (on limitations to public access), (Letter Form), 23A | Miguel Angel Montano Gutierrez |
| 2025-05-13 | Notice of name, (Letter Form) | Miguel Angel Montano Gutierrez |
| 2025-05-13 |
Notice of miscellaneous motion, (Book Form), Missing Proof of Service (Rec'd 2025-09-02) , Completed on: 2025-09-02 |
Miguel Angel Montano Gutierrez |
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 |
|---|---|---|
| Gutierrez, Miguel Angel Montano | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King in Right of Canada | Respondent | Active |
Counsel
Party: Gutierrez, Miguel Angel Montano
This party is not represented by counsel.
Party: His Majesty the King in Right of Canada
Counsel
British Columbia Region National Litigation
Sector 900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (236) 339-2316
FAX: (604) 666-2214
Email: Jonathan.Cooper@justice.gc.ca
Agent
Department of Justice Canada, Civil Litigation Sector
50 O’Connor Street, Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (343) 574-6955
FAX: (613) 954-1920
Email: SCCAgentCorrespondentCSC@justice.gc.ca
Summary
Keywords
Administrative law — Judicial Review — Appeals — Procedure — Self-represented litigants — Extensions of time — Whether the Federal Court of Appeal erred in dismissing for delay without meaningfully engaging with medical evidence and Charter infused equality considerations raised by the request for accommodation — Whether status review and delay powers should be applied purposively to provide substantive, not merely formal, equality to disabled self-represented litigants including through extensions of time where required — Whether treating a litigant’s ability to file some materials as proof that they can meet all timelines without accommodation reflects an unreasonable and discriminatory approach to case management — Whether it is reasonable to dismiss a case without any acknowledgment of the applicant’s limitations and impacts of disabilities and health issues — Whether the application for leave to appeal raises an issue of public importance.
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.
The applicant filed an application for judicial review in August 2022, seeking to challenge decisions of the Minister of National Revenue. By June 2023, the applicant had not yet filed his trial record. The Federal Court declined to dismiss the application for delay and granted the applicant an additional delay to file his record. In August 2023, the applicant’s motion for another extension of time and other relief was dismissed, and his application for judicial review was dismissed accordingly. In January 2025, a judge of the Federal Court of Appeal required the applicant to file, within 30 days, representations as to why his appeal should not be dismissed for delay, as it had not yet been perfected. In March 2025, a panel of the Federal Court of Appeal dismissed the applicant’s appeal, finding that the applicant had not justified the delay in perfecting the appeal and had not proposed a reasonable timetable to do so.
Lower court rulings
Federal Court
T-1731-22
Applicant’s motion for an extension of time and other relief dismissed; application for judicial review dismissed.
Federal Court of Appeal
A-181-24
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