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Fabi v. M.N.R.
T-89-04
2004 FC 439, Morneau P.
24/3/04
4 pp.
Motion by applicant in connection with application for judicial review for rulings in applicant's favour on certain objections raised by respondent during examination of respondent's affiant (examination of Mr. Phaneuf)--Judicial review concerning two requirements to provide documents, information under Income Tax Act--Applicant claiming, in context of application for judicial review, information requirements form of intimidation against him as well as abuse of process, violation of Canadian Charter of Rights and Freedoms, s. 8 because information sought by respondent purportedly already provided in past in response to other information requirements--However, in order to substantiate point, applicant should have produced in support of main affidavit evidence, preliminary evidence requested information in fact already provided--Applicant did not do so--During examination of Mr. Phaneuf, applicant could have attempted to bring past information, explored circumstances justifying respondent's continued requirement for specific information set out in information requirements--By trying to access more or less all of Mr. Phaneuf's investigation file, applicant went on something of fishing expedition hoping to find some evidence in Mr. Phaneuf's file supporting applicant's own legal arguments--Respondent's objections therefore reason-able based on applicable law on potential scope of examination on affidavit in judicial review proceedings-- Motion dismissed--Income Tax Act, R.S.C., 1985 (5th Supp.), c. 1--Canadian Charter of Rights and Freedoms, being Part 1 of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 8.