Date: 20030211
Docket: A-262-01
CORAM: RICHARD C.J.
BETWEEN:
JO-ANN ELKE
and
STEVEN HISCOCK
Applicants
and
HER MAJESTY THE QUEEN
Respondent
Heard at Ottawa, Ontario, February 11, 2003
Judgment delivered from the Bench at Ottawa, Ontario, February 11, 2003
REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A.
Date: 20030211
Docket: A-262-01
CORAM: RICHARD C.J.
BETWEEN:
JO-ANN ELKE
and
STEVEN HISCOCK
Applicants
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario
on February 11, 2003)
[1] Since Bowman A.C.J. rendered his judgment against the applicants on March 15, 2001, the Supreme Court of Canada has issued its decision in the case of Stewart v. Canada, 2002 SCC 46, [2002] S.C.J. No. 46 (QL).
[2] Both parties agree that the decision of Bowman A.C.J. should be set aside on that basis.
[3] What remains to be decided is the issue of quantum of expenses to be deducted.
[4] Considering that Bowman A.C.J. made no finding on this issue, the matter will be returned to him for a determination of this issue. Additional evidence may be adduced by the parties in this regard. The applicants will be entitled to their costs in this Court.
[5] The application for judicial review will therefore be allowed, the decision of Bowman A.C.J. will be set aside and the matter will be remitted to Bowman A.C.J. to determine, after receipt of such further evidence as the parties may elect to present, the quantum of deductions of expenses. The whole with costs to the applicants in this Court.
"Alice Desjardins"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-262-01
STYLE OF CAUSE: Jo-Ann Elke and Steven Hiscock v. Her Majesty the Queen
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: February 11, 2003
REASONS FOR JUDGMENT OF THE COURT: (Richard C.J., Desjardins & Rothstein JJ.A.)
RENDERED FROM THE BENCH BY: Desjardins J.A.
APPEARANCES:
Mr. Emilio Binavince and Ms. Helen Lanctôt FOR THE APPLICANTS
Mr. Roger Leclaire FOR THE RESPONDENT
SOLICITORS OF RECORD:
Binavince Smith
Ottawa, Ontario FOR THE APPLICANTS
Mr. Morris Rosenberg
Deputy Attorney General of Canada FOR THE RESPONDENT