In Hud v. Canada (Fed CA, 2024) the Federal Court of Appeal granted a motion to summarily dismiss (effectively quash) an appeal from the Tax Court, where the Federal Rules do not have any express quashing authority:
A. Can this Court Summarily Dismiss an Appeal?
[13] This Court may summarily dismiss an appeal, either upon motion from a respondent or on its own initiative, where the appeal is "“doomed to fail owing to a fatal flaw or the absence of any merit”": Bernard v. Canada (Attorney General), 2019 FCA 236 at para.10.
[14] This Court’s power to do so stems from its plenary jurisdiction, including the powers necessary for its effective functioning and to manage its own proceedings: Dugré v. Canada (Attorney General), 2021 FCA 8 at paras. 20-22. Keeping appeals that are doomed to fail on the roll, "“waste judicial resources and impair access to justice for those who have a meritorious ""case”": Dugré at para. 22, citing Hébert v. Wenham, 2020 FCA 186 at para. 8 and Fabrikant v. Canada, 2018 FCA 224 at para. 25.
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