Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.
A Federal Court of Appeal is a reviewing court for all federal courts in Canada. The court is responsible for reviewing different types of decisions made by different federal courts. A person who is not satisfied with the court’s order can appeal to the Federal Court of Appeal.
A Canadian tax litigation lawyer is required to submit the appeal to the court. For instance, if you’re not satisfied with the decision made by the Tax Court of Canada, then you will only have 30-days to file an appeal with the Federal Court of Appeal. Note that July and August are not included in this time frame.
What Can a Federal Court of Appeal Do?
The Federal Court of Appeal holds the right to dismiss the appeal, pass the case back to the Tax Court with possible instructions, or give a decision that the Tax Court should have given on the case.
The lawyer cannot raise new arguments in the Federal Court of Appeal that they have not put forward in the Tax Court.
File an Appeal in the Federal Court of Appeal
If you want a second review of the decision made by the Tax Court, then a Federal Court of Appeal is one option for you. All you need is a lawyer to present your case to the court and wait until the court grants leave to hear the case. A leave is permission by the court to review your case for a second opinion.
A lawyer can prepare a case that is strong enough to capture the court’s attention. Hiring a lawyer will save you from all the hassle and will help you get a chance to get your application reviewed once again.
If the Federal Court of Appeal does not grant leave for your case, you need to file an appeal at the Supreme Court of Canada. Remember that it’s almost impossible to get the Supreme Court to hear your case if it’s not important. Hence, make sure to give your best shot with the Federal Court of Appeal.
Hire a Lawyer Today
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