Simard v. Canada (Attorney General)
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Simard v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2003-11-03 Neutral citation 2003 FCA 410 File numbers A-579-02 Decision Content Date: 20031103 Docket: A-579-02 Citation: 2003 FCA 410 CORAM: DÉCARY J.A. NOËL J.A. NADON J.A. BETWEEN: MICHEL SIMARD Applicant and THE ATTORNEY GENERAL OF CANADA Respondent Hearing held at Montréal, Quebec, on November 3, 2003. Judgment from the bench at Montréal, Quebec, on November 3, 2003. REASONS FOR JUDGMENT OF THE COURT: DÉCARY J.A. Date: 20031103 Docket: A-579-02 Citation: 2003 FCA 410 CORAM: DÉCARY J.A. NOËL J.A. NADON J.A. BETWEEN: MICHEL SIMARD Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on November 3, 2003) DÉCARY J.A. [1] This Court was not persuaded that, in the circumstances of the case at bar, the Tax Court of Canada judge erred in concluding that the applicant, who operated a skidder owned by his own company, was not an employee for the purposes of the Employment Insurance Act. [2] Based in particular on the wording of the only contract entered in evidence, titled [TRANSLATION] "Hiring of personnel services", it was entirely reasonable to conclude that the applicant was actually an employee of the company, rather than an employee of the forestry cutting business with which the company had concluded the contract. Accordingly, the judge properly concluded at paragraph 36 of his reasons that: [TRANSL…
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Simard v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2003-11-03 Neutral citation 2003 FCA 410 File numbers A-579-02 Decision Content Date: 20031103 Docket: A-579-02 Citation: 2003 FCA 410 CORAM: DÉCARY J.A. NOËL J.A. NADON J.A. BETWEEN: MICHEL SIMARD Applicant and THE ATTORNEY GENERAL OF CANADA Respondent Hearing held at Montréal, Quebec, on November 3, 2003. Judgment from the bench at Montréal, Quebec, on November 3, 2003. REASONS FOR JUDGMENT OF THE COURT: DÉCARY J.A. Date: 20031103 Docket: A-579-02 Citation: 2003 FCA 410 CORAM: DÉCARY J.A. NOËL J.A. NADON J.A. BETWEEN: MICHEL SIMARD Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on November 3, 2003) DÉCARY J.A. [1] This Court was not persuaded that, in the circumstances of the case at bar, the Tax Court of Canada judge erred in concluding that the applicant, who operated a skidder owned by his own company, was not an employee for the purposes of the Employment Insurance Act. [2] Based in particular on the wording of the only contract entered in evidence, titled [TRANSLATION] "Hiring of personnel services", it was entirely reasonable to conclude that the applicant was actually an employee of the company, rather than an employee of the forestry cutting business with which the company had concluded the contract. Accordingly, the judge properly concluded at paragraph 36 of his reasons that: [TRANSLATION] The appellant's real employer was 2425-9483 Québec Inc., but . . . that employment is not insurable because the appellant controlled over 40% of the company's voting shares. [3] The application for judicial review will be dismissed with costs. "Robert Décary" J.A. Certified true translation Suzanne M. Gauthier, C. Tr., LL.L. FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-579-02 (APPEAL FROM TAX COURT OF CANADA DECISION OF SEPTEMBER 9, 2002, CASE No. 2000-4739 (EI)) STYLE OF CAUSE: MICHEL SIMARD v. THE ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: November 3, 2003 REASONS FOR JUDGMENT OF THE COURT: DÉCARY J.A. DELIVERED FROM THE BENCH (BY): DÉCARY, NOËL, NADON JJ.A. APPEARANCES: Gilles Nadon FOR THE APPLICANT Nathalie Labbé FOR THE RESPONDENT Julie David SOLICITORS OF RECORD: OUELLET, NADON & ASSOCIÉS FOR THE APPLICANT Montréal, Quebec MORRIS ROSENBERG FOR THE RESPONDENT Deputy Attorney General of Canada Montréal, Quebec
Source: decisions.fca-caf.gc.ca