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Date: 19980529


Docket: A-809-97

CORAM:      MARCEAU J.A.

         DESJARDINS J.A.

         LÉTOURNEAU J.A.

BETWEEN:

     ATTORNEY GENERAL OF CANADA

     Applicant

     - and -

     FRANÇOIS POULIN

     Respondent

     REASONS FOR JUDGMENT OF THE COURT

     (Delivered from the bench at Québec, Quebec

     on Friday, May 29, 1998)

MARCEAU J.A.

[1]      As we just reiterated in delivering judgment in Lamarre,1 the 90-day time limit set by subsection 70(1) of the Unemployment Insurance Act2 is a strict time limit which the Tax Court of Canada is unable to extend, and the legality of the provision of the Tax Court of Canada rules setting the cutoff date for the 90-day time limit is unquestionable.

[2]      As a result, the Deputy Judge of the Tax Court of Canada had no choice but to allow the motion to dismiss the appellant"s appeal. The instant application by the Attorney General of Canada to set aside the decision dismissing the Minister of National Revenue"s motion must be allowed.

     Louis Marceau

     J.A.

Certified true translation

Peter Douglas


Date: 19980529


Docket: A-809-97

CORAM:      MARCEAU J.A.

         DESJARDINS J.A.

         LÉTOURNEAU J.A.

BETWEEN:

     ATTORNEY GENERAL OF CANADA

     Applicant

     - and -

     FRANÇOIS POULIN

     Respondent

Hearing held at Québec, Quebec on Friday, May 29, 1998.

Judgment delivered from the bench on Friday, May 29, 1998.

REASONS FOR JUDGMENT OF THE COURT

DELIVERED BY:      MARCEAU J.A.

     FEDERAL COURT OF APPEAL


Date: 19980529


Docket: A-809-97

BETWEEN:

     ATTORNEY GENERAL OF CANADA

     Applicant

     - and -

     FRANÇOIS POULIN

     Respondent

     REASONS FOR JUDGMENT

     OF THE COURT

     FEDERAL COURT OF CANADA

     APPEAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:              A-809-97

STYLE OF CAUSE:          Attorney General of Canada v. François Poulin

PLACE OF HEARING:      Québec, Quebec

DATE OF HEARING:      May 29, 1998

REASONS FOR JUDGMENT OF MARCEAU J.A., DESJARDINS J.A. AND LÉTOURNEAU J.A.

DATED:              May 29, 1998

APPEARANCES:

Sylvie Gadoury                          FOR THE APPLICANT

No appearance                          FOR THE RESPONDENT

SOLICITORS OF RECORD:

George Thomson                          FOR THE APPLICANT

Deputy Attorney General of Canada

__________________

1      Claude Lamarre et al. v. M.N.R., unreported decision dated May 29, 1998, file number A-682-97.

2      This subsection reads as follows:
             70.      (1)      The Commission or a person affected by a determination by, or a decision on an appeal to, the Minister under section 61 may, within ninety days after the determination or decision is communicated to him, or within such longer time as the Tax Court of Canada on application made to it within those ninety days may allow, appeal from the determination or decision to that Court in the manner prescribed.

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