Club juridique v. Canada (Attorney General)
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Club juridique v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2003-11-04 Neutral citation 2003 FCA 414 File numbers A-83-02 Decision Content Date: 20031104 Docket: A-83-02 Citation: 2003 FCA 414 CORAM: DÉCARY J.A. NOËL J.A. NADON J.A. BETWEEN: CLUB JURIDIQUE Applicant and THE ATTORNEY GENERAL OF CANADA Respondent Hearing held at Montréal, Quebec, on November 4, 2003. Judgment from the bench at Montréal, Quebec, on November 4, 2003. REASONS FOR JUDGMENT OF THE COURT: NADON J.A. Date: 20031104 Docket: A-83-02 Citation: 2003 FCA 414 CORAM: DÉCARY J.A. NOËL J.A. NADON J.A. BETWEEN: CLUB JURIDIQUE Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on November 4, 2003) NADON J.A. [1] We consider that Judge Somers of the Tax Court of Canada made no error in concluding that the applicant and Solange Charest were associated by a contract of service, and that consequently Ms. Charest's employment for the period from May 1, 1995 to February 18, 2000, was insurable employment within the meaning of subsection 5(1) of the Employment Insurance Act. [2] In our view, Judge Somers correctly applied the relevant criteria applicable to the matter he had to decide, namely whether the contract between Solange Charest and the applicant was a contract of service or a contract for services. [3] Further, the Court is satisfied that the conclusions arrived at by the judge are en…
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Club juridique v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2003-11-04 Neutral citation 2003 FCA 414 File numbers A-83-02 Decision Content Date: 20031104 Docket: A-83-02 Citation: 2003 FCA 414 CORAM: DÉCARY J.A. NOËL J.A. NADON J.A. BETWEEN: CLUB JURIDIQUE Applicant and THE ATTORNEY GENERAL OF CANADA Respondent Hearing held at Montréal, Quebec, on November 4, 2003. Judgment from the bench at Montréal, Quebec, on November 4, 2003. REASONS FOR JUDGMENT OF THE COURT: NADON J.A. Date: 20031104 Docket: A-83-02 Citation: 2003 FCA 414 CORAM: DÉCARY J.A. NOËL J.A. NADON J.A. BETWEEN: CLUB JURIDIQUE Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on November 4, 2003) NADON J.A. [1] We consider that Judge Somers of the Tax Court of Canada made no error in concluding that the applicant and Solange Charest were associated by a contract of service, and that consequently Ms. Charest's employment for the period from May 1, 1995 to February 18, 2000, was insurable employment within the meaning of subsection 5(1) of the Employment Insurance Act. [2] In our view, Judge Somers correctly applied the relevant criteria applicable to the matter he had to decide, namely whether the contract between Solange Charest and the applicant was a contract of service or a contract for services. [3] Further, the Court is satisfied that the conclusions arrived at by the judge are entirely based on the evidence that was before him. [4] The application for judicial review will therefore be dismissed with costs. "Marc Nadon" J.A. Certified true translation Suzanne M. Gauthier, C. Tr., LL.L. FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-83-02 (APPEAL FROM JUDGMENT OR ORDER BY JUDGE J.F. SOMERS OF TAX COURT OF CANADA ON AUGUST 27, 2001, CASE No. 2001-554 (EI)). STYLE OF CAUSE: CLUB JURIDIQUE v. THE ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: November 4, 2003 REASONS FOR JUDGMENT OF THE COURT (DÉCARY, NOËL, NADON J.A.) DELIVERED FROM THE BENCH (BY): NADON J.A. APPEARANCES: Bruno Levasseur FOR THE RESPONDENT SOLICITORS OF RECORD: Yvon Descôteaux FOR THE APPLICANT Laval, Quebec Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Montréal, Quebec
Source: decisions.fca-caf.gc.ca