Entreprises A.B. Rimouski inc. v. Canada

Entreprises A.B. Rimouski inc. v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2015-12-14
Neutral citation
2015 FCA 285
File numbers
A-482-14
Decision Content
Date: 20151214
Docket: A-482-14
[ENGLISH TRANSLATION]
Citation: 2015 FCA 285
CORAM:
NADON J.A.
TRUDEL J.A.
SCOTT J.A.
BETWEEN:
LES ENTREPRISES A.B. RIMOUSKI INC. ALDÈGE BANVILLE
Appellants
and
HER MAJESTY THE QUEEN
Respondent
Heard at Québec, Quebec, on December 14, 2015.
Judgment delivered from the Bench at Québec, Quebec, on December 14, 2015.
REASONS FOR JUDGMENT OF THE COURT:
NADON J.A.
Date: 20151214
Docket: A-482-14
Citation: 2015 FCA 285
CORAM:
NADON J.A.
TRUDEL J.A.
SCOTT J.A.
BETWEEN:
LES ENTREPRISES A.B. RIMOUSKI INC. ALDÈGE BANVILLE
Appellants
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Québec, Quebec, on December 14, 2015.)
NADON J.A.
[1] We have not been persuaded that the intervention of this Court is warranted.
[2] There can be no doubt, as the Quebec Court of Appeal stated in Aldège Banville c. Procureur général du Canada (file No. 200-09-005638-066), dated October 16, 2006, that the doctrine of res judicata applies to the relief sought by the appellants in their motion to, inter alia, set aside the judgment of Justice Denault of the Federal Court, dated October 9, 1998.
[3] In our opinion, Justice Martineau made no error in finding that the requirements of subsection 399(2) of the Federal Courts Rules, SOR/98-106, had not been met in this case.
[4] In addition, the appellants’ argument that the Judge erred in not ordering an oral hearing is, in our opinion, without merit.
[5] In any event, and with respect for the appellants, we are satisfied that their motion, having given rise to this appeal, is bound to fail. In the light of the evidence, we cannot see how it could possibly succeed.
[6] For these reasons, the appeal will be dismissed with costs.
“M Nadon”
J.A.
Certified true translation
François Brunet, Revisor
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DoCKET:
A-482-14
STYLE OF CAUSE:
LES ENTREPRISES A.B. RIMOUSKI INC., ALDÈGE BANVILLE v. HER MAJESTY THE QUEEN
PLACE OF HEARING:
Québec, Quebec
DATE OF HEARING:
DECEMBER 14, 2015
REASONS FOR JUDGMENT OF THE COURT BY:
NADON J.A.
TRUDEL J.A.
SCOTT J.A.
DELIVERED FROM THE BENCH BY:
NADON J.A.
APPEARANCES:
Vincent Guilbeault-Sauvé
FOR THE appelLants
Ludovic Sirois
FOR THE RESPONDENT
HER MAJESTY THE QUEEN
SOLICITORS OF RECORD:
NORMAN ROSS AVOCAT INC.
Rimouski, Quebec
FOR THE appeLlants
William F. Pentney
Deputy Attorney General of Canada
Ottawa, Ontario
for the respondent
HER MAJESTY THE QUEEN