Proulx v. Canada

Proulx v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2004-03-16
Neutral citation
2004 FCA 109
File numbers
A-214-03
Decision Content
Date: 20040316
Docket: A-214-03
Citation: 2004 FCA 109
CORAM: RICHARD C.J.
DÉCARYJ.A.
PELLETIER J.A.
BETWEEN:
BENOÎT PROULX
APPELLANT (Garnishee)
and
THE QUEEN
RESPONDENT (Judgment Creditor)
against
THE ESTATE OF THE LATE LAWRENCE CORRIVEAU
Judgment Debtor
Hearing held at Montréal, Quebec, on March 16, 2004.
Judgment rendered from the bench at Montréal, Quebec, on March 16, 2004.
REASONS FOR JUDGMENT OF THE COURT: DÉCARY J.A.
Date: 20040316
Docket: A-214-03
Citation: 2004 FCA 109
CORAM: RICHARD C.J.
DÉCARY J.A.
PELLETIERJ.A.
BETWEEN:
BENOÎT PROULX
APPELLANT (Garnishee)
and
THE QUEEN
RESPONDENT (Judgment Creditor)
against
THE ESTATE OF THE LATE LAWRENCE CORRIVEAU
Judgment Debtor
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec, on March 16, 2004)
DÉCARY J.A.
[1] We were not persuaded that the trial judge (whose decision is reported at 2003 FCT 511) made any error warranting our intervention, other than with respect to the deduction of Mr. Trépanier's fees. The respondent, in fact, admitted on appeal, that the fees received by Mr. Trépanier should have been deducted from the fees owing to the estate of Lawrence Corriveau.
[2] The appeal will be allowed in part, for the sole purpose of taking notice of the respondent's admission that the fees payable to Christian Trépanier should be deducted from the fees of 30% payable to the late Lawrence Corriveau. Consequently, the appellant will be ordered to pay the respondent the sum of $425,239.32. The respondent will be entitled to her costs of appeal.
"Robert Décary"
J.A.
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-214-03
(Appeal from the order made on April 25, 2003 by the Honourable Mr. Justice Simon Noël of the Federal Court, in docket ITA-691-02.)
STYLE OF CAUSE:
BENOÎT PROULX
APPELLANT (Garnishee)
and
THE QUEEN
RESPONDENT (Judgment Creditor)
against
THE ESTATE OF THE LATE
LAWRENCE CORRIVEAU
Judgment Debtor
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: March 16, 2004
REASONS FOR JUDGMENT
OF THE COURT BY: (RICHARD C.J., DÉCARY, PELLETIER, JJ.A.)
DELIVERED FROM THE
BENCH BY: THE HONOURABLE MR. JUSTICE DÉCARY
APPEARANCES:
Pierre A. Fournier
FOR THE APPELLANT
Nadine Dupuis
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Fournier Associés
Montréal, Quebec
FOR THE APPELLANT
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario
FOR THE RESPONDENT