Canada (Attorney General) v. Remstar Distribution Inc.
Court headnote
Canada (Attorney General) v. Remstar Distribution Inc. Court (s) Database Federal Court of Appeal Decisions Date 2004-01-12 Neutral citation 2004 FCA 8 File numbers A-584-02 Decision Content Date: 20040112 Docket: A-584-02 Citation: 2004 FCA 8 CORAM: DESJARDINS J.A. LÉTOURNEAU J.A. NADON J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and REMSTAR DISTRIBUTION INC. Respondent Hearing held at Montréal, Quebec, on January 12, 2004. Judgment from the bench at Montréal, Quebec, on January 12, 2004. REASONS FOR JUDGMENT OF THE COURT: NADON J.A. Date: 20040112 Docket: A-584-02 Citation: 2004 FCA 8 CORAM: DESJARDINS J.A. LÉTOURNEAU J.A. NADON J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and REMSTAR DISTRIBUTION INC. Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on January 12, 2004) NADON J.A. [1] We consider that Judge Somers of the Tax Court of Canada made no error when he concluded that Maxime and Julien Rémillard each controlled over 40% of the voting shares of the companies for which they respectively worked. [2] Consequently, we concur with the judge's finding that the employment held by Maxime and Julien Rémillard with Remstar Productions Inc. and Remstar Distribution Inc. was not insurable employment. [3] The application for judicial review will accordingly be dismissed with costs. A copy of these reasons will be filed in cases A-585-02 and A-586-02 in support of the judgments dismissing the applications for judici…
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Canada (Attorney General) v. Remstar Distribution Inc. Court (s) Database Federal Court of Appeal Decisions Date 2004-01-12 Neutral citation 2004 FCA 8 File numbers A-584-02 Decision Content Date: 20040112 Docket: A-584-02 Citation: 2004 FCA 8 CORAM: DESJARDINS J.A. LÉTOURNEAU J.A. NADON J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and REMSTAR DISTRIBUTION INC. Respondent Hearing held at Montréal, Quebec, on January 12, 2004. Judgment from the bench at Montréal, Quebec, on January 12, 2004. REASONS FOR JUDGMENT OF THE COURT: NADON J.A. Date: 20040112 Docket: A-584-02 Citation: 2004 FCA 8 CORAM: DESJARDINS J.A. LÉTOURNEAU J.A. NADON J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and REMSTAR DISTRIBUTION INC. Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on January 12, 2004) NADON J.A. [1] We consider that Judge Somers of the Tax Court of Canada made no error when he concluded that Maxime and Julien Rémillard each controlled over 40% of the voting shares of the companies for which they respectively worked. [2] Consequently, we concur with the judge's finding that the employment held by Maxime and Julien Rémillard with Remstar Productions Inc. and Remstar Distribution Inc. was not insurable employment. [3] The application for judicial review will accordingly be dismissed with costs. A copy of these reasons will be filed in cases A-585-02 and A-586-02 in support of the judgments dismissing the applications for judicial review. In those two cases, the respondents will be entitled to their disbursements. "Marc Nadon" J.A. Montréal, Quebec January 12, 2004 Certified true translation Suzanne M. Gauthier, C Tr, LLL FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-584-02 STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA Applicant and REMSTAR DISTRIBUTION INC. Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: January 12, 2004 REASONS FOR JUDGMENT OF THE COURT (DESJARDINS, LÉTOURNEAU AND NADON JJ.A.) DELIVERED FROM THE BENCH BY: NADON J.A. APPEARANCES: Marie-Andrée Legault FOR THE APPLICANT Éric Vallée FOR THE RESPONDENT SOLICITORS OF RECORD: Morris Rosenberg FOR THE APPLICANT Deputy Attorney General of Canada Montréal, Quebec Éric Vallée FOR THE RESPONDENT Brossard, Quebec
Source: decisions.fca-caf.gc.ca