C:\MyFiles\Taxes\tom'scase.htm

IN THE ONTARIO SUPERIOR COURT OF JUSTICE

In the Judicial District of Ottawa

BETWEEN:

Thomas Kennedy,

Applicant,

- and -

Canada Customs and Revenue Agency,

- and -

The Ottawa Carleton District School Board,

Respondent.

Notice of Application

TAKE NOTICE that an Application will be made by the Applicant, at the Ottawa Law Courts on Thursday, the 22nd day of June, 2000 at 9:30 in the forenoon or so soon thereafter as the Application may be heard, for the following Orders:

That the time for service be waived in this matter.
That the Requirement to Pay issued by Canada Customs and Revenue Agency in relation to the Applicant, be declared of no force and effect.

That the Ottawa Carleton District School Board be Ordered not to comply with the Requirement to Pay issued by Canada Customs and Revenue Agency in relation to the Applicant.
Costs.

5. Such further and other relief as may be requested and which this Honourable Court may grant.

Grounds for the Application

The Income Tax Act of Canada, as currently constituted, does not permit the issuance of this Requirement to Pay.
The Requirement to Pay is void and of no force and effect for want of jurisdiction.

Documents to be relied upon:

The Income Tax Act of Canada
The British North America Act
Copy of the Requirement to Pay issued by Canada Customs and Revenue Agency
Case law
Canadian Bill of Rights
Such further and other evidence and documents as may be presented and which this Honourable Court may permit.

AND TAKE NOTICE that the Applicant intends to commence action as against the Respondent School Board within 30 days.

Action No.________________

IN THE ONTARIO SUPERIOR COURT OF JUSTICE

In the Judicial District of Ottawa

BETWEEN:

Thomas Kennedy,

Applicant,

- and -

Canada Customs and Revenue Agency,

- and-

The Ottawa Carleton District School Board,

Respondent.

________________________________________________

Notice of Application

________________________________________________

Thomas Kennedy

P. O. Box 9333

Ottawa, Ontario K1G 3V1

613 746-9702

Power of Attorney

I, Thomas Kennedy, of the City of Ottawa, in the Province of Ontario, give Power of Attorney to David Kevin Lindsay for all purposes in relation to any and all issues in relation to myself and Canada Customs and Revenue Agency. I also understand that this Power of Attorney gives to David Kevin Lindsay the right to represent me, give and receive information, negotiate, advise, enter into contracts or agreements and speak for me as if I was there in person.

I give this Power of Attorney understanding that any information held in confidence by any Federal or Provincial, or any other organization, government officer or business, under any privacy legislation (or confidential policy) will be accessible to David Kevin Lindsay as if this information was being provided or supplied to me in person.

I understand and agree that I give this Power of Attorney until December 31, 2000 unless I decide to cancel before then in writing.

I sign this legal and binding document this

19^th day of June, 2000, at the City of Ottawa,

in the Province of Ontario in the presence of

below signed witness.

_________________________________

Thomas Kennedy

__________________________________

John Zrumchak

IN THE ONTARIO SUPERIOR COURT OF JUSTICE

In the Judicial District of Ottawa

BETWEEN:

Thomas Kennedy,

Applicant,

- and -

Canada Customs and Revenue Agency,

- and -

The Ottawa Carleton District School Board,

Respondent.

Order

The Application of the Applicant was heard this 22 day of June, 2000 before the Honourable Justice Kealey.

After reading the Application of the Applicant, and after hearing the oral submissions of both Mr. Lindsay, Agent for the Applicant, and Council for the Respondent Ottawa Carleton District School Board, this Court hereby Orders that:

Any and all monies withheld by the Respondent Ottawa Carleton District School Board from the Applicant's remuneration be held in trust by the Board until the final disposition of this matter.
The Applicant file his factum and affidavit by June 30, 2000.
That a date be set for the 20^th of July, 2000 at 10:00 o'clock in the forenoon to hear this application.

Dated this 22 day of June, 2000. _______________________________

The Honourable Justice Kealey

File No. 00-CV-14232

IN THE ONTARIO SUPERIOR COURT OF JUSTICE

In the Judicial District of Ottawa

BETWEEN:

Thomas Kennedy,

Applicant,

- and -

Canada Customs and Revenue Agency,

- and -

The Ottawa Carleton District School Board,

Respondents.

______________________________________________________________________________

Notice of Application

______________________________________________________________________________

Thomas Kennedy

P.O. Box 9333

Ottawa, Ontario K1G 3V1

613 746-9702

IN THE ONTARIO SUPERIOR COURT OF JUSTICE

In the Judicial District of Ottawa

BETWEEN:

Thomas Kennedy,

Applicant.

- and -

Canada Customs and Revenue Agency,

- and -

The Ottawa Carleton District School Board,

Respondents,

NOTICE OF APPLICATION

A LEGAL PROCEEDING HAS BEEN COMMENCED by the Applicant. The claim made by the applicant appears on the following page.

THIS APPLICATION will come on for a hearing on the 22^nd day of June, 2000 at the Ottawa Law Courts.

IF YOU WISH TO OPPOSE THIS APPLICATION, to receive notice of any step in the application or to be served with any documents in the application, you or an Ontario lawyer acting for you must forthwith prepare a notice of appearance in Form 38A prescribed by the Rules of Civil Procedure, serve it on the Applicant's lawyer or, where the Applicant does not have a lawyer, serve it on the Applicant, and file it, with proof of service, in this court office, and you or your lawyer must appear at the hearing.

IF YOU WISH TO PRESENT AFFIDAVIT OR OTHER DOCUMENTARY EVIDENCE TO THE COURT OR TO EXAMINE OR CROSS-EXAMINE WITNESSES ON THE APPLICATION, you or your lawyer must, in addition to serving your notice of appearance, serve a copy of the evidence on the applicant's lawyer or, where the applicant does not have a lawyer, serve it on the Applicant, and file it, with proof of service, in the court office where the application is to be heard as soon as possible, but not later than 2 p.m. On the day before the hearing.

IF YOU FAIL TO APPEAR AT THE HEARING, JUDGMENT MAY BE GIVEN IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IF YOU WISH TO OPPOSE THIS APPLICATION BUT ARE UNABLE TO PAY LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL LEGAL AID OFFICE.

Date: June 19, 2000 Issued by:_______________________

Local Registrar

Address of Court Office:_____________________________

To: Canada Customs and Revenue Agency 333 Laurier Ave W, Ottawa Ont.

And To: The Ottawa Carleton District School Board 133 Greenbank Rd. Nepean, Ontario K2H 6L3 721-1820

IN THE SUPERIOR COURT OF ONTARIO

In the Judicial District of Ottawa

BETWEEN:

Thomas Kennedy,

Applicant,

- and -

Canada Customs and Revenue Agency,

- and -

The Ottawa Carleton District School Board,

Respondents.

______________________________________________________________________________________________

Application Record

______________________________________________________________________________________________

Thomas Kennedy

PO Box 9333

Ottawa, Ontario

K1G 3V1

613 746-9702

Agent-Dave Lindsay

cell 780 953-1434

IN THE ONTARIO SUPERIOR COURT OF JUSTICE

In the Judicial District of Ottawa

BETWEEN:

Thomas Kennedy,

Applicant,

- and -

Canada Customs and Revenue Agency,

- and -

The Ottawa Carleton District School Board,

Respondents.

Table of Contents

Notice of Commencement of Proceedings
Requisition for Application

Notice of Application
Income Tax Act- Relevant sections
The Attorney General of Nova Scotia and the Attorney General of Canada and Lord Nelson Hotel Company Ltd.

SCR 1951 31

IN THE ONTARIO SUPERIOR COURT OF JUSTICE

In the Judicial District of Ottawa

BETWEEN:

Thomas Kennedy,

Applicant,

- and -

Canada Customs and Revenue Agency,

- and -

The Ottawa Carleton District School Board,

Respondents.

Affidavit of Service

I, David Kevin Lindsay, of the City of Edmonton, in the Province of Alberta,

MAKE OATH AND SAY THAT:

I am the deponent of this Affidavit and as such have personal knowledge of the facts herein deposed to by me.
On June 20, 2000 I personally served the Respondents, both Canada Customs and Revenue Agency and The Ottawa District School Board with a copy of the Notice of Application in this matter.
I make this Affidavit true and correct knowing it has the same force and effect as if sworn to in a court of law.

Sworn before me at the City of )

Ottawa, in the Province of Ontario, ) ____________________________________

this 22 day of June, 2000. ) David Kevin Lindsay

___________________________________________________

A Justice of the Peace in and for the Province of Ontario

Action No.

IN THE SUPERIOR COURT OF ONTARIO

In the Judicial District of Ottawa

BETWEEN:

Thomas Kennedy,

Applicant,

- and -

Canada Customs and Revenue Agency,

- and -

The Ottawa Carleton District School Board,

Respondents.

________________________________________________________________

Notice of Affidavit of Service

________________________________________________________________

Dave Lindsay

PO Box 72105 6142-90th Ave.

Edmonton, Alberta

T6B 3A7

cell 780 953-1434