Roger B. Bennett v. Minister of Public Safety and Emergency Preparedness
Roger B. Bennett
Law Firm / Organization
Unrepresented
Minister of Public Safety and Emergency Preparedness
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Samantha Gergely

- Parties: The appellant was Roger B. Bennett. The respondent was the Minister of Public Safety and Emergency Preparedness.

- Subject Matter: The appellant filed an underlying action relating to the importation of a motorhome that he purchased in the U.S., which the Canada Border Services Agency seized based on his failure to comply with the reporting requirements under s. 12 of the Customs Act, 1985. The case management judge dismissed the appellant’s action for failing to show cause following the issuance of a status review order. The case management judge found that the appellant’s justification for failing to move his action forward was wholly unsatisfactory, lacking in substance, and unsupported by the evidentiary record. The Federal Court dismissed the appellant’s appeal. The appellant challenged the Federal Court’s decision.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal without costs. The appeal court exercised its discretion not to award costs under rr. 400(1) and 400(3) of the Federal Courts Rules, SOR/98-106, given the appellant’s circumstances. The appeal court held that appellant failed to identify any reviewable error in the case management judge’s decision to dismiss his action in the exercise of her discretion on status review or in the Federal Court’s decision not to intervene.

- Date: The hearing was set on May 21, 2024. The court released its decision on May 22, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.

Federal Court of Appeal
A-177-23
General practice
$ 0
Respondent
30 June 2023