[...]

[...]

General Duty to the Court

1 An expert witness has an overriding duty to assist the Court impartially on matters relevant to his or her area of expertise.

2 This duty overrides any duty to a party to the proceeding, including the person retaining the expert witness. An expert witness must be independent and objective and must not be an advocate for a party.

[...]

3 An expert report referred to in subsection 145(1) of the Rules shall include

• (a) a statement of the issues addressed;

• (b) a description of the qualifications of the expert on the issues addressed;

• (c) the expert’s current curriculum vitae attached as a schedule;

• (d) the facts and assumptions on which the opinions in the report are based;

• (e) a summary of the opinions expressed;

• (f) in the case of a report that is provided in response to another expert’s report, an indication of the points of agreement and disagreement with the other expert’s opinions;

• (g) the reasons for each opinion expressed;

• (h) any literature or other materials specifically relied on in support of the opinions;

• (i) a summary of the methodology used, including any examinations, tests or other investigations on which the expert has relied, including details of the qualifications of the person who carried them out, and whether a representative of any other party was present; and

• (j) any caveats or qualifications necessary to render the report complete and accurate, including those relating to any insufficiency of data or research and an indication of any matters that fall outside the expert’s field of expertise.

4 An expert witness must report without delay to persons in receipt of the expert report any material changes affecting the expert’s qualifications or the opinions expressed or the data contained in the expert report.

[...]

5 An expert witness who is ordered by the Court to confer with another expert witness shall

• (a) exercise independent, impartial and objective judgment on the issues addressed;

• (b) endeavour to clarify with the other expert witness the points on which they agree and those on which their views differ; and

[...]

[...]

[...]

Classes of Proceedings

1 Subject to section 1.1, for purposes of this Tariff and Tariff B, there are three classes of proceedings as follows:

• (a) Class A proceedings which include

  • (i) appeals in which the aggregate of all amounts in issue is less than $50,000, and

  • (ii) appeals in which a loss has been determined under subsection 152(1.1) of theIncome Tax Act and the amount that is in issue is less than $100,000; and

• (b) Class B proceedings which include

  • (i) appeals in which the aggregate of all amounts in issue is $50,000 or more but less than $150,000,

  • (ii) appeals in which a loss has been determined under subsection 152(1.1) of theIncome Tax Act and the amount that is in issue is $100,000 or more but less than $300,000,

  • (iii) a reference under section 173 or 174 of theIncome Tax Act, section 310 or 311 of theExcise Tax Act, section 97.58 of theCustoms Act, section 51 or 52 of theAir Travellers Security Charge Act, section 204 or 205 of theExcise Act, 2001 or section 62 or 63 of theSoftwood Lumber Products Export Charge Act, 2006, and

• (c) Class C proceedings which include

  • (i) appeals in which the aggregate of all amounts in issue is $150,000, or more, and

  • (ii) appeals in which a loss has been determined under subsection 152(1.1) of theIncome Tax Act and the amount that is in issue is $300,000 or more.

1.1 For the purposes of applying this Tariff and Tariff B with respect to appeals from a determination or redetermination of the fair market value of an object by the Canadian Cultural Property Export Review Board established under theCultural Property Export and Import Act, or from a confirmation or redetermination of the fair market value of an ecological gift by the Minister of the Environment pursuant to subsection 118.1(10.4) of theIncome Tax Act, the three classes of proceedings are as follows:

• (a) Class A, where the amount in issue is less than $50,000;

• (b) Class B, where the amount in issue is $50,000 or more but less than $150,000; and

• (c) Class C, where the amount in issue is $150,000 or more.

Court Fees

• 2 (1) The party who commences a proceeding shall pay to the Registry:

  • (a) in the case of a Class A proceeding — $250;

  • (b) in the case of a Class B proceeding — $400; and

  • (c) in the case of a Class C proceeding — $550.

[...]

Witness Fees and Expenses

• 4 (1) A witness, other than a witness who appears to give evidence as an expert, is entitled to be paid by the party who arranged for his or her attendance $75 per day, plus reasonable and proper transportation and living expenses.

• (1.1) An amount is not payable under subsection (1) in respect of an appellant unless the appellant is called upon to testify by counsel for the respondent.

• (2) The party who arranges for the attendance of a witness may pay such witness, in lieu of the amount prescribed by subsection 4(1) of this Tariff a larger reasonable amount for attending as witness in that proceeding, but he must, forthwith after he makes such payment, or makes payment of the excess of the amount over the amount provided for in subsection 4(1) of this Tariff, file in the Court Office a statement of that payment and of the way in which he satisfied himself as to the amount payable under this subsection.

Expert Witnesses

• 5 (1) When a witness, other than a party, is called on to give evidence in consequence of any professional or technical services rendered by that witness, there shall be substituted for the amount of $75 in subsection 4(1) of this Tariff an amount not exceeding $350 per day subject to increase in the discretion of the taxing officer but otherwise section 4 is applicable to such a witness.

• (2) In lieu of making a payment under section 4 of this Tariff, there may be paid to a witness who appears to give evidence as an expert a reasonable payment not exceeding $300 per day, unless the taxing officer otherwise directs, for the services performed by the witness in preparing to give evidence and giving evidence.

No Preparation Fee

[...]

Attendance of Witness

7 For the purpose of this Tariff, a party arranges for the attendance of a witness by causing a subpoena to be served on the witness or by arranging either directly or indirectly to have the witness attend.

Sheriffs and Bailiffs

8 A sheriff or bailiff may take and receive for a service rendered by him the fees or allowances permitted by law for a like service in the superior court of the province (territory) in which the service was rendered.

Commissioners

9 A commissioner for taking evidence or before whom an examination for discovery is taken or other person performing a similar function, other than a salaried officer of the Court, may be paid by the party who arranged for his services:

• (a) if the services are performed in Canada, such fees and allowances as are payable for similar services in the superior court of the province (territory) in which the services are performed, and

• (b) if the services are performed outside Canada, the amount reasonably necessary in order to obtain the services of a properly qualified person.

[...]

• 1 (1) The following amounts may be allowed for services of counsel:

  • (a) for all services in a proceeding prior to examination for discovery not otherwise listed in the following paragraphs,

    [...]

  • [...]

  • (h) for conduct of the hearing, for each day or part day,

    [...]

  and, in the discretion of the taxing officer, a fee may be allowed for second counsel, which shall not exceed 50 per cent of the amount set out in this paragraph for first counsel;

  [...]

• (2) The amounts that may be allowed for disbursements are all disbursements made under Tariff A of this Schedule and all other disbursements essential for the conduct of the proceeding, including the cost of obtaining copies of any documents or authorities prepared for or by a party for the use of the Court and supplied to any opposite party, which in the absence of proof to the contrary will be presumed to be 20 cents per page.

[...]

[...]

FORM NUMBER	TITLE	PAGE
21(1)(b)	Reference under section 173 of theIncome Tax Act, section 310 of theExcise Tax Act, section 97.58 of theCustoms Act, section 51 of theAir Travellers Security Charge Act, section 204 of theExcise Act, 2001 or section 62 of theSoftwood Lumber Products Export Charge Act, 2006, as the case may be	4431
21(1)(c)	Reference under section 174 of theIncome Tax Act, section 311 of theExcise Tax Act, section 52 of theAir Travellers Security Charge Act, section 205 of theExcise Act, 2001 or section 63 of theSoftwood Lumber Products Export Charge Act, 2006, as the case may be	4432
21(1)(d)	Notice of Appeal from a Determination or Redetermination of the Fair Market Value of a Cultural Object
21(1)(e)	Notice of Appeal from a Confirmation or Redetermination of the Fair Market Value of an Ecological Gift
21(1)(f)	Notice of Appeal of the Suspension of the Authority of a Registered Charity to Issue an Official Receipt

[...]

[...]

HER MAJESTY THE QUEEN,

[...]

I, (full name of deponent), of the (City, Town, etc.) of , in the (Province, Territory, etc.) of , (where the deponent is a party or the counsel, officer, director, member or employee of a party, set out the deponent’s capacity), MAKE OATH AND SAY (or AFFIRM):

• 1 (Set out the statements of fact in consecutively numbered paragraphs, with each paragraph being confined as far as possible to a particular statement of fact.)

[...]

[...]

[...]

HER MAJESTY THE QUEEN,

[...]

TO THE REGISTRAR at (place)

I REQUIRE (set out a concise statement of what is sought and include all particulars necessary for the Registrar to act. Where what is sought is authorized by a direction, refer to the direction in the requisition and attach a copy of the direction. Where an affidavit or other document must be filed with the requisition, refer to it in the requisition and attach it.)

[...]

[...]

HER MAJESTY THE QUEEN,

[...]

• (a) In the case of an individual state home address in full and in the case of a corporation state address in full of principal place of business in the province in which the appeal is being instituted,

• (b) Identify the assessment(s) under appeal: include date of assessment(s) and, if the appeal is under theIncome Tax Act, include taxation year(s) or, if the appeal is under theExcise Tax Act, theCustoms Act, theAir Travellers Security Charge Act, theExcise Act, 2001 or theSoftwood Lumber Products Export Charge Act, 2006, include the period to which the assessment(s) relate(s),

• (c) Relate the material facts relied on,

• (d) Specify the issues to be decided,

• (e) Refer to the statutory provisions relied on,

• (f) Set forth the reasons the appellant intends to rely on,

• (g) Indicate the relief sought, and

[...]

FORM 21(1)(b)Reference Under Section 173 of the Income Tax Act, Section 310 of the Excise Tax Act, Section 97.58 of the Customs Act, Section 51 of the Air Travellers Security Charge Act, Section 204 of the Excise Act, 2001 or Section 62 of the Softwood Lumber Products Export Charge Act, 2006, as the Case May Be

[...]

IN THE MATTER of an agreement that a question should be determined by the Court under section 173 of theIncome Tax Act, section 310 of theExcise Tax Act, section 97.58 of theCustoms Act, section 51 of theAir Travellers Security Charge Act, section 204 of theExcise Act, 2001 or section 62 of theSoftwood Lumber Products Export Charge Act, 2006, as the case may be.

• (a) If the taxpayer is an individual state home address in full and in the case of a corporation state address in full of its principal place of business in the province or territory in which the reference is instituted,

• (b) Identify the assessment(s) to which the reference relates,

• (c) Relate the material facts that give rise to the reference,

• (d) Specify the question of law, fact or mixed law and fact that the parties agree should be determined by the Court,

• (e) Set forth in separate paragraphs the determination that Her Majesty and the taxpayer are seeking,

• (f) Refer in separate paragraphs to the statutory provisions relied on by Her Majesty and the taxpayer, and

[...]

FORM 21(1)(c)Section 174 of the Income Tax Act, Section 311 of the Excise Tax Act, Section 52 of the Air Travellers Security Charge Act, Section 205 of the Excise Act, 2001 or Section 63 of the Softwood Lumber Products Export Charge Act, 2006, as the Case May Be

[...]

IN THE MATTER of an application by the Minister of National Revenue made under section 174 of theIncome Tax Act, section 311 of theExcise Tax Act, section 52 of theAir Travellers Security Charge Act, section 205 of theExcise Act, 2001 or section 63 of theSoftwood Lumber Products Export Charge Act, 2006, as the case may be, for the determination of a question.

• (a) The names and addresses of the taxpayers who it is intended shall be bound by the determination of the question. If a taxpayer is an individual state home address in full and if a taxpayer is a corporation state the address in full of its principal place of business in the province or territory in which the reference is instituted,

• (b) Identify the assessments or proposed assessments in respect of which the determination is sought,

• (c) Specify the question of law, fact or mixed law and fact in respect of which a determination is sought,

• (d) Relate the facts and reasons on which the Minister relies and has based or intends to base assessments of tax payable by each of the taxpayers named in the application,

• (e) Refer to the statutory provisions that the applicant relies on, and

[...]

FORM 21(1)(d)Notice of Appeal from a Determination or Redetermination of the Fair Market Value of an Object by the Canadian Cultural Property Export Review Board Established Under the Cultural Property Export and Import Act

[...]

HER MAJESTY THE QUEEN,

[...]

• (a) In the case of an individual state home address in full and in the case of a corporation state address in full of principal place of business in the province in which the appeal is being instituted,

• (b) Quote the text of the certificate issued by the Canadian Cultural Property Export Review Board that includes the determination or redetermination of the fair market value of the object that is being appealed,

• (c) Specify what the appellant alleges is the fair market value of the object,

• (d) Relate the material facts relied on,

• (e) Specify the issues to be decided,

• (f) Set forth the reasons the appellant intends to rely on,

• (g) Indicate the relief sought, and

[...]

FORM 21(1)(e)Notice of Appeal from a Confirmation or Redetermination of the Fair Market Value of an Ecological Gift

[...]

HER MAJESTY THE QUEEN,

[...]

• (a) In the case of an individual state home address in full and in the case of a corporation, state address in full of principal place of business in the province in which the appeal is being instituted,

• (b) Set out the date of the certificate issued by the Minister of the Environment and the fair market value of the property as confirmed or redetermined by the Minister,

• (c) Specify what the appellant alleges is the fair market value of the property,

• (d) Relate the material facts relied on,

• (e) Specify the issues to be decided,

• (f) Set forth the reasons the appellant intends to rely on,

• (g) Indicate the relief sought, and

[...]

FORM 21(1)(f)Notice of Appeal from the Suspension of the Authority of a Registered Charity To Issue an Official Receipt

[...]

HER MAJESTY THE QUEEN,

[...]

• (a) State the address in full of the principal office of the registered charity,

• (b) Specify the date of the suspension of the authority to issue an official receipt,

• (c) Relate the material facts relied on,

• (d) Specify the issues to be decided,

• (e) Refer to the statutory provisions relied on,

• (f) Set forth the reasons the appellant intends to rely on,

• (g) Indicate the relief sought, and

• (h) Indicate the date of notice.

[...]

[...]

[...]

HER MAJESTY THE QUEEN,

[...]

• 1 The appellant admits the allegations contained in paragraphs  of the reply to the notice of appeal.

• 2 The appellant denies the allegations contained in paragraphs  of the reply to the notice of appeal.

• 3 The appellant has no knowledge in respect of the allegations contained in paragraphs  of the reply to the notice of appeal.

• 4 (Set out in separate, consecutively numbered paragraphs each allegation of material fact relied on by way of answer to the reply to the notice of appeal.)

[...]

[...]

HER MAJESTY THE QUEEN,

[...]

TO: The (party), (name)

The (party), (name) demands particulars of the following allegations contained in your (pleading):

[...]

If the particulars requested are not delivered to the undersigned within 30 days after service of this demand, an application may be made to the Court for an order requiring delivery of them.

[...]

[...]

[...]

HER MAJESTY THE QUEEN,

[...]

The (identify party) intends to question the constitutional validity, applicability or effect (state which) of (identify the particular legislative provision).

The question is to be argued on (day), (date), at (time), at (place). (if known)

The following are the material facts giving rise to the constitutional question: (set out concisely the material facts that relate to the constitutional question and attach pleadings or other documentation underlying the proceedings before the Court).

The following is the legal basis for the constitutional question: (Set out concisely the legal basis for each constitutional question and identify the nature of the constitutional principles to be argued.)

TO:	The Attorney General of Canada
	The Attorney General of (each province)

[...]

[...]

HER MAJESTY THE QUEEN,

[...]

TAKE NOTICE THAT the (applicant or respondent as the case may be) will make a motion to the Court on (day), (date), at (time), or as soon after that time as the motion may be heard, at (address).

THE MOTION IS FOR (state here the precise relief sought).

THE GROUNDS FOR THE MOTION ARE (specify the grounds to be argued, including a reference to any statutory provision or rule to be relied on).

THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing of the motion: (list the affidavits or other documentary evidence to be relied on).

NOTE that if the proceeding in which the motion is made is a reference under section 173 or 174 of theIncome Tax Act, section 310 or 311 of theExcise Tax Act, section 97.58 of theCustoms Act, section 51 or 52 of theAir Travellers Security Charge Act, section 204 or 205 of theExcise Act, 2001 or section 62 or 63 of theSoftwood Lumber Products Export Charge Act, 2006, the style of cause shall be the same as in the originating document and the body of the notice of motion shall be adjusted accordingly.

[...]

[...]

HER MAJESTY THE QUEEN,

[...]

TAKE NOTICE THAT the document(s) referred to in the notice to produce may be inspected and copies taken at (place) on (date) between the hours of (starting time) and (end time).

Date:

(Name of party, or of an officer, director or employee of the party, or of the counsel of record of the party)

[...]

[...]

HER MAJESTY THE QUEEN,

[...]

The following is a list of the documents of which the appellant (or respondent) has knowledge that might be used in evidence:

• (a) 

  to establish or to assist in establishing any allegation of fact in any pleading filed herein by the said party, or

[...]

Documents in the possession, control or power of the party.(Number each document consecutively. Set out the nature and date of the document and other particulars sufficient to identify it.)

[...]

Documents of which the party has knowledge but which are not in the party’s possession, control or power. (Number each document consecutively. Set out the nature and date of the document and other particulars sufficient to identify it. Give the present location of each document.)

TAKE NOTICE that the documents referred to in Schedule A above may be inspected and copies taken at (place) on (date) between the hours of (time).

[...]

[...]

HER MAJESTY THE QUEEN,

[...]

The following is a list of all the documents which are or have been in the appellant’s (or respondent’s) possession, control or power relevant to any matter in question between or among them in the appeal and which is filed and served in compliance with section 82.

[...]

Documents in the possession, control or power of the party that the party does not object to producing for inspection. (Number each document consecutively. Set out the nature and date of the document and other particulars sufficient to identify it.)

[...]

Documents that are or were in the possession, control or power of the party that the party objects to producing on the grounds that

(State ground of objection. Number each document consecutively. Set out the nature and date of the document and other particulars sufficient to identify it.)

[...]

Documents that were formerly in the possession, control or power of the party, but are no longer in the party’s possession, control or power. (Number each document consecutively. Set out the nature and date of the document and other particulars sufficient to identify it. State when and how possession or control of or power over each document was lost, and give the present location of each document.)

TAKE NOTICE that the documents referred to in Schedule A above may be inspected and copies taken at (place) on (date) between the hours of (time).

[...]

[...]

HER MAJESTY THE QUEEN,

[...]

I, (full name of deponent), of the (City, Town, etc.) of , in the (Province, Territory, etc.) of , the appellant (or as may be) in this action, MAKE OATH AND SAY (or AFFIRM):

• 1 I have conducted a diligent search of my records and have made appropriate enquiries of others to inform myself in order to make this affidavit. This affidavit discloses, to the full extent of my knowledge, information and belief, all documents relevant to any matter in question in this proceeding that are or have been in my possession, control or power.

• [...]

• 4 I have listed in Schedule B those documents that are or were in my possession, control or power and that I object to producing because I claim they are privileged, and I have stated in Schedule B the grounds for each such claim.

[...]

[...]

[...]

HER MAJESTY THE QUEEN,

[...]

I, (full name of deponent), of the (City, Town, etc.) of , in the (Province, Territory, etc.) of , MAKE OATH AND SAY (or AFFIRM):

• 1 I am the (state the position held by the deponent in the corporation or the Canada Revenue Agency) of the appellant (or as may be) in this action.

• [...]

• 3 I have conducted a diligent search of the corporation’s (or the Canada Revenue Agency’s) records and made appropriate enquiries of others to inform myself in order to make this affidavit. This affidavit discloses, to the full extent of my knowledge, information and belief, all documents relevant to any matter in question in this action that are or have been in the possession, control or power of the corporation (or the Canada Revenue Agency).

• 4 I have listed in Schedule A those documents that are in the possession, control or power of the corporation (or the Canada Revenue Agency) and that it (or the Minister) does not object to producing for inspection.

• 5 I have listed in Schedule B those documents that are or were in the possession, control or power of the corporation (or the Canada Revenue Agency) and that it (or the Minister) objects to producing because they are privileged, and I have stated in Schedule B the grounds for each such claim.

• 6 I have listed in Schedule C those documents that were formerly in the possession, control or power of the corporation (or the Canada Revenue Agency) but are no longer in its possession, control or power and I have stated in Schedule C when and how it lost possession or control of or power over them and their present location.

• 7 The corporation (or the Canada Revenue Agency) has never had in its possession, control or power any documents relevant to any matter in question in this proceeding other than those listed in Schedules A, B and C.

[...]

[...]

(To be used only for a party to the proceeding, a person to be examined for discovery or on behalf or in place of a party or a person to be cross-examined on an affidavit. For the examination of any other person, use a subpoena (Form 103(4)).)

[...]

HER MAJESTY THE QUEEN,

[...]

YOU ARE REQUIRED TO ATTEND FOR AN EXAMINATION (on your affidavit dated (date), for discovery, on behalf (or in place) of (identify party), etc.) on (day), (date), at (time), at the office of (name, address and telephone number of examiner).

[...]

YOU ARE REQUIRED TO BRING WITH YOU and produce at the examination the documents mentioned in subsection 85(3) of Tax Court of Canada Rules (General Procedure) and the following documents and things: (set out the nature and date of each document and thing and give particulars sufficient to identify each document and thing.)

[...]

YOU ARE REQUIRED TO BRING WITH YOU and produce at the examination the following documents and things: (set out the nature and date of each document and thing and give particulars sufficient to identify each document and thing.)

[...]

[...]

HER MAJESTY THE QUEEN,

[...]

YOU ARE REQUIRED TO BRING WITH YOU and produce at the examination the following documents and things: (Set out the nature and date of each document and thing and give particulars sufficient to identify each document and thing.)

WITNESS FEES AND EXPENSES for day(s) of attendance are served with this subpoena, calculated in accordance with Schedule II, Tariff A of theTax Court of Canada Rules (General Procedure) as follows:

[...]

IF YOU FAIL TO ATTEND OR REMAIN UNTIL THE END OF THIS EXAMINATION, YOU MAY BE COMPELLED TO ATTEND AT YOUR OWN EXPENSE AND YOU MAY BE FOUND IN CONTEMPT OF COURT.

This subpoena was issued at the request of, and inquiries may be directed to:

[...]

[...]

[...]

HER MAJESTY THE QUEEN,

[...]

YOU HAVE BEEN APPOINTED A COMMISSIONER for the purpose of taking evidence in this proceeding now pending in this Court by direction of the Court made on (date), a copy of which is attached.

YOU ARE GIVEN FULL AUTHORITY to do all things necessary for taking the evidence mentioned in the direction authorizing this commission. You are also authorized, on consent of the parties, to take the evidence of any other witnesses who may be found in (name of Province, State or Country, etc.)

You are to send to this Court a transcript of the evidence taken, together with this commission, forthwith after the transcript is completed.

In carrying out this commission, you are to follow the terms of the attached direction and the instructions contained in this commission.

THIS COMMISSION is signed and sealed by direction of the Court.

[...]

• 1 This commission is to be conducted in accordance with sections 101 to 112 and sections 119 to 122 of theTax Court of Canada Rules (General Procedure), a copy of which is attached.

• 2 Before acting on this commission, you must take the oath (or affirmation) set out below. You may do so before any person authorized by Part III of theCanada Evidence Act, a copy of which is attached, to take affidavits or administer oaths or affirmations outside Canada.

  I, , swear (or affirm) that I will, according to the best of my skill and knowledge, truly and faithfully and without partiality to any of the parties to this proceeding, take the evidence of every witness examined under this commission, and cause the evidence to be transcribed and forwarded to the Court. (In an oath, conclude: So help me God.)

  Sworn (or Affirmed) before me at the (City, Town, etc.) of , in the (Province, State, Country, etc.) of on (date).

  [...]

• 3 The examining party is required to give the person to be examined at least days notice of the examination and, where the order so provides, to pay attendance money to the person to be examined.

• 4 You must arrange to have the evidence before you recorded and transcribed. You are to administer the following oath (or affirmation) to the person who records and transcribes the evidence:

  You swear (or affirm) that you will truly and faithfully record and transcribe all questions put to all witnesses and their answers in accordance with the directions of the commissioner. (In an oath, conclude: So help you God.)

  On consent of the parties, or where the order for this commission provides for it, the examination may be recorded by videotape or other similar means.

• 5 You are to administer the following oath (or affirmation) to each witness whose evidence is to be taken:

  You swear (or affirm) that the evidence to be given by you touching the matters in question between the parties to this proceeding shall be the truth, the whole truth, and nothing but the truth. (In an oath, conclude: So help you God.)

• 6 Where a witness does not understand the language or is deaf or mute, the evidence of the witness must be given through an interpreter. You are to administer the following oath (or affirmation) to the interpreter:

  You swear (or affirm) that you understand the language and the language in which the examination is to be conducted and that you will truly interpret the oath (or affirmation) to the witness, all questions put to the witness and the answers of the witness, to the best of your skill and understanding. (In an oath, conclude: So help you God.)

• 7 You are to attach to this commission the transcript of the evidence and the exhibits, and any videotape or other recording of the examination. You are to complete the certificate set out below, and mail this commission, the transcript, the exhibits and any videotape or other recording of the examination to the Registry of the Court where the commission was issued. You are to keep a copy of the transcript and, where practical, a copy of the exhibits until the Court disposes of this proceeding. Forthwith after you mail this commission and the accompanying material to the Registry of the Court, you are to notify the parties who appeared at the examination that you have done so.

CERTIFICATE OF THE COMMISSIONER

I, , certify that:

• 1 

  I administered the proper oath (or affirmation) to the person who recorded and transcribed the evidence, to the witness the transcript of whose evidence is attached and to any interpreter through whom the evidence was given.
• 2 

  The evidence of the witness was properly taken.
• 3 

  The evidence of the witness was accurately transcribed.

[...]

[...]

[...]

HER MAJESTY THE QUEEN,

[...]

TO THE JUDICIAL AUTHORITIES OF (name of Province, State or Country)

A PROCEEDING IS PENDING IN THIS COURT, between the appellant and the respondent.

IT HAS BEEN SHOWN TO THIS COURT that it appears necessary for the purpose of justice that a witness residing within your jurisdiction be examined there.

THIS COURT HAS ISSUED A COMMISSION to (name of commissioner) of (address of commissioner), providing for the examination of the witness (name of witness), of (address of witness).

YOU ARE REQUESTED, in furtherance of justice, to cause (name of witness) and, on consent of the parties, any other witnesses who may be found in your jurisdiction to appear before the commissioner by the means ordinarily used in your jurisdiction, if necessary to secure attendance, and to answer questions under oath or affirmation (where desired, add:) and to bring to and produce at the examination the following documents and things: (Set out the nature and date of each document and thing and give particulars sufficient to identify each document and thing).

YOU ARE ALSO REQUESTED to permit the commissioner to conduct the examination of the witness in accordance with theTax Court of Canada Rules (General Procedure) and the commission issued by this Court.

THIS LETTER OF REQUEST is signed and sealed by direction of the Court made on (date).

[...]

[...]

HER MAJESTY THE QUEEN,

[...]

• 1 THIS COURT DIRECTS (give particulars of any directions given by the Court under section 112).

• 2.  THIS COURT DIRECTS that the Registrar prepare and issue a commission naming (name), of (address), as commissioner to take the evidence of the witness (name of witness) in (name of Province, State or Country) (where the direction is made under sections 119 to 122, add and, on consent of the parties, any other witness who may be found there) for use at the hearing (or on examination for discovery, etc.).

• 3 THIS COURT DIRECTS that the Registrar prepare and issue a letter of request addressed to the judicial authorities of (name of Province, State or Country), requesting the issuing of such process as is necessary to compel the witness (or witnesses) to attend and be examined before the commissioner.

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HER MAJESTY THE QUEEN,

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The (identify examining party) has chosen to examine the (identify person to be examined) for discovery (where the person is not a party, state whether the person is examined on behalf or in place of or in addition to a party or under a Court direction) by written questions and requires that the following questions be answered by affidavit in Form 114 prescribed by theTax Court of Canada Rules (General Procedure), and served within thirty days after service of these questions.

(Where a further list of questions is served under section 116 substitute:)

The (identify examining party) requires that the (identify person to be examined) answer the following further questions by affidavit in Form 114 prescribed by such rules, and serve them within thirty days after service of these questions.

• 1 (Number each question. Where the questions are a further list under section 116, number the questions in sequence following the last question of the previous list.)

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HER MAJESTY THE QUEEN,

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I, (full name of deponent), of the (City, Town, etc.) of , in the (Province, Territory, etc.) of (identify the capacity in which the deponent makes the affidavit), MAKE OATH AND SAY (or AFFIRM) that the following answers to the questions dated (date) and submitted by the (identify examining party) are true, to the best of my knowledge, information and belief:

• 1 (Number each answer to correspond with the question. Where the deponent objects to answering a questions, state: I object to answering this question on the ground that it is irrelevant to the matters in issue or that the information sought is privileged because (specify) or as may be.)

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HER MAJESTY THE QUEEN,

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The parties hereby represent that this appeal is ready for hearing and jointly apply to the Registrar to fix a time and place for the hearing.

The parties are in agreement that:

• (a) the hearing should be held at ,

• (b) the most convenient times for the hearing in order of preference are,

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• (c) the hearing will not last longer than days,

• (d) there will be approximately witnesses and documents for the appellant and witnesses and documents for the respondent,

• (e) the appellant will call expert witness(es) and the respondent will call expert witness(es),

• (f) the evidence and the argument will be,

  • (i) in the language, or

The person who can answer any inquiries about the convenience or acceptability of other dates or places for the hearing,

• (a) on behalf of the appellant is who can be reached by telephone at number in ,

• (b) on behalf of the respondent is who can be reached by telephone at number in

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(Note: It is recommended that the Registrar be consulted regarding available dates before this application is submitted.)

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HER MAJESTY THE QUEEN,

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YOU ARE REQUESTED TO ADMIT, for the purposes of this proceeding only, the truth of the following facts: (Set out facts in consecutively numbered paragraphs.)

YOU ARE REQUESTED TO ADMIT, for the purposes of this proceeding only, the authenticity of the following documents: (Number each document and give particulars sufficient to identify each. Specify whether the document is an original or a copy and, where the document is a copy of a letter, telegram or telecommunication, or a fax state the nature of the document.)

Attached to this request is a copy of each of the documents referred to above. (Where it is not practical to attach a copy or where the party already has a copy, state which documents are not attached and give the reason for not attaching them.)

YOU MUST RESPOND TO THIS REQUEST by serving a response to request to admit in Form 131 WITHIN FIFTEEN DAYS after this request is served on you. If you fail to do so, you will be deemed to admit, for the purposes of this proceeding only, the truth of the facts and the authenticity of the documents set out above.

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HER MAJESTY THE QUEEN,

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In response to your request to admit dated (date), the (identify party responding to the request):

• 1 

  Admits the truth of facts numbers

• 2 

  Admits the authenticity of documents numbers
• 3 

  Denies the truth of facts numbers
• 4 

  Denies the authenticity of documents numbers
• 5 

  Refuses to admit the truth of facts numbers for the following reasons: (Set out reason for refusing to admit each fact.)
• 6 

  Refuses to admit the authenticity of documents numbers for the following reasons: (Set out reason for refusing to admit each document.)

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HER MAJESTY THE QUEEN,

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YOU ARE REQUIRED TO ATTEND TO GIVE EVIDENCE IN COURT at the hearing of this proceeding on (day), (date), at (time), at (address), and to remain until your attendance is no longer required.

YOU ARE REQUIRED TO BRING WITH YOU and produce at the hearing the following documents and things: (Set out the nature and date of each document and thing and give particulars sufficient to identify each document and thing.)

WITNESS FEES AND EXPENSES for day(s) of attendance are served with this subpoena, calculated in accordance with Schedule II, Tariff A of theTax Court of Canada Rules (General Procedure) as follows:

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This subpoena was issued at the request of, and inquiries may be directed to:

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HER MAJESTY THE QUEEN,

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TO: (designated sheriff, peace officer or other officer of the Court)

WHEREAS the witness (name), of (address), was served with a subpoena to give evidence at the hearing of this proceeding, and the proper witness fees and expenses were paid or tendered,

AND WHEREAS the witness failed to obey the subpoena, and I am satisfied that the evidence of the witness is material to this proceeding,

YOU ARE DIRECTED TO ARREST and bring the witness (name of witness) before the Court to give evidence in this proceeding, and if the Court is not then sitting or if the witness cannot be brought forthwith before the Court, to deliver the witness to a correctional institution or other secure facility, to be admitted and detained there until the witness can be brought before the Court.

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HER MAJESTY THE QUEEN,

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TO THE OFFICERS OF (name of correctional institution) AND TO ALL PEACE OFFICERS

WHEREAS it appears that the evidence of the witness (name) who is detained in custody, is material to this proceeding,

THIS COURT DIRECTS that the witness (name) be brought before this Court on (day), (date) at (time) at (address) to give evidence on behalf of the (identify party) and that the witness be returned and readmitted immediately thereafter to the correctional institution or other facility from which the witness was brought.

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HER MAJESTY THE QUEEN,

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I, (name), having been named as an expert witness by the (party), certify that I have read the Code of Conduct for Expert Witnesses set out in Schedule III to theTax Court of Canada Rules (General Procedure) and agree to be bound by it.

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HER MAJESTY THE QUEEN,

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The (party), (name), agrees to be bound by the final decision in the lead case or lead cases, in whole (specify) or in part (specify), with a final decision being defined as one from which there is no further right of appeal.

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If the Appellant is represented by counsel, counsel and the Appellant must sign this form. If the Appellant is not represented by counsel, this form is signed only by the Appellant.

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HER MAJESTY THE QUEEN,

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NOTICE OF APPOINTMENT FOR TAXATION OF COSTS TO THE PARTIES

I HAVE MADE AN APPOINTMENT to tax the costs of (identify party), a copy of whose bill of costs is attached to this notice, on (day), (date), at (time), at (address).

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HER MAJESTY THE QUEEN,

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TO THE PARTIES

I HAVE MADE AN APPOINTMENT at the request of (identify party who obtained appointment) to tax the costs of (identify party entitled to costs and what costs are to be taxed) on (day), (date), at (time), at (address).

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YOU ARE REQUIRED to file your bill of costs with me and serve your bill of costs on every party interested in the taxation at least seven days before the above date.

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HER MAJESTY THE QUEEN,

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I CERTIFY that I have taxed the party and party costs of (identify party) in this proceeding (or as may be) under the authority of (give particulars of direction or specify section or statutory provision), and I ALLOW THE SUM OF $

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HER MAJESTY THE QUEEN

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(To be presented to the Registry in triplicate with cheque or other instrument for money being paid in.)

Pursuant to (here insert reference to Court order, statutory provision or rule authorizing or requiring payment into court), the undersigned hereby tenders the attached cheque (or other instrument) in the sum of $, Canadian currency, payable to the Receiver General of Canada as a payment into court for (here insert purpose or object of payment into court).

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Receipt of the above cheque or other instrument acknowledged at the office of the Registry this day of , 20

(If the Registry is not satisfied that payment is in order it shall, if requested, give a separate receipt for instrument and tender document.)

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