citation: "Mpamugo v. Canada Revenue Agency, 2017 ONSC 406" parties: "Lawrence Mpamugo, Applicant – and – Canada Revenue Agency, Respondent" party_moving: "Lawrence Mpamugo" party_responding: "Canada Revenue Agency" court: "Superior Court of Justice" court_abbreviation: "ONSC" jurisdiction: "Ontario" case_type: "motion" date_judgement: "2017-01-17" date_heard: "2017-01-17" applicant:

• "Lawrence Mpamugo" applicant_counsel: "Self-represented" respondent:
• "Canada Revenue Agency" respondent_counsel: "Self-represented" judge:
• "F.L. Myers" summary: > The court considered dismissing the applicant's proceeding as an abuse of process, following a prior endorsement. The applicant claimed improper garnishments by the Canada Revenue Agency and sought the return of funds. The court reviewed the applicant's submissions, which raised issues regarding prior orders and the potential immunity of a matrimonial home. The court was not satisfied that the proceeding was, on its face, an abuse of process, and therefore lifted the stay of proceedings, concluding that the issues required evidence and a proper hearing. interesting_citations_summary: > This endorsement highlights the court's process for reviewing potential abuses of process, particularly when prior judicial determinations exist. It underscores that complex issues requiring evidence and a proper hearing should not be summarily dismissed as an abuse of process, even if there's a history of related litigation. The decision emphasizes the need for a substantive review when new arguments or adjustments to underlying orders are raised, rather than a superficial dismissal. final_judgement: The court lifted the stay of proceedings, finding that the applicant's case was not, on its face, an abuse of process, and that the issues raised required evidence and a proper hearing. winning_degree_applicant: 1 winning_degree_respondent: 5 judge_bias_applicant: 0 judge_bias_respondent: 0 year: 2017 decision_number: 406 file_number: "CV-16-556259" source: "https://www.canlii.org/en/on/onsc/doc/2016/2016onsc406/2016onsc406.html" cited_cases: legislation: [] case_law:
  • title: "2016 ONSC 7569" url: "https://www.canlii.org/en/on/onsc/doc/2016/2016onsc7569/2016onsc7569.html" keywords:
• Abuse of process
• Garnishment
• Matrimonial home
• Stay of proceedings
• Superior Court of Justice
• Endorsement areas_of_law:
• Civil Procedure
• Tax Law

Court File and Parties

COURT FILE NO.: CV-16-556259 DATE: 20170117 SUPERIOR COURT OF JUSTICE - ONTARIO

B E T W E E N:

Lawrence Mpamugo, Applicant

– and –

Canada Revenue Agency, Respondent

BEFORE: F.L. Myers J.

READ: January 17, 2017

Endorsement

[1] By endorsement dated December 5, 2016, reported at 2016 ONSC 7569, the court directed the registrar to send a notice in Form 2.1A to the applicant advising him that the court was considering dismissing this proceeding as an abuse of process. The applicant has delivered written submissions in response to the notice.

[2] Mr. Mpamugo claims that certain garnishments enforced against him by the CRA are improper. He seeks the return of funds garnished by the respondent plus interest.

[3] In the prior endorsement, the court noted that it appears that Code J. of this court has previously determined that the CRA’s claims are valid and enforceable. The applicant submits that through a succession of orders of this court from 1999 to as recently as last October, adjustments have been made to the various orders in the proceedings that underlie Justice Code’s order. He also raises an issue as to whether part of one property may be immune from the respondent’s claims as it is a matrimonial home that the applicant owns or owned with his spouse.

[4] Without in any way ruling on the merits, it seems to me that the resolution of this issue requires evidence and a proper hearing. Having reviewed the applicant’s submissions, I am not satisfied with the proceeding is, on its face, an abuse of process. Accordingly, the stay of proceedings ordered on December 5, 2016 is lifted.

F.L. Myers J. Date: January 17, 2017