Federal Court of Appeal Decisions

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.

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