Date: 20020320
Docket: A-748-00
Neutral citation: 2002 FCA 116
CORAM: RICHARD C.J.
DÉCARY J.A.
NOËL J.A.
BETWEEN:
CLAUDE LAPLANTE
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Hearing held at Montréal, Quebec on March 20, 2002.
Judgment from the bench at Montréal, Quebec on March 20, 2002.
REASONS FOR JUDGMENT OF THE COURT: RICHARD C.J.
Date: 20020320
Docket: A-748-00
Neutral citation: 2002 FCA 116
CORAM: RICHARD C.J.
DÉCARY J.A.
NOËL J.A.
BETWEEN:
CLAUDE LAPLANTE
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec
on March 20, 2002.)
RICHARD C.J.
[1] This is an application for judicial review pursuant to s. 28 of the Federal Court Act against a decision by the Tax Court of Canada on October 31, 2000.
[2] The issue in the Tax Court of Canada was whether the applicant had held insurable employment within the meaning of the Unemployment Insurance Act and Employment Insurance Act.
[3] The Tax Court of Canada dismissed the appeals in the cases having Nos. 1999-2670(EI), 1999-2672(EI), 1999-2673(EI), 1999-2674(EI), 1999-2675(EI) and 1999-2676(EI), on the ground that the applicant did not hold insurable employment because he was a self-employed worker and had concluded contracts for services.
[4] On the evidence in the record, the Tax Court of Canada deputy judge did not base his decision on any erroneous finding of fact made in a perverse or capricious manner or without regard for the material before him and made no error of law that could justify this Court's intervention.
[5] The application for judicial review will be dismissed with costs.
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J. Richard
Chief Justice |
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
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FEDERAL COURT OF CANADA APPEAL DIVISION
Date: 20020320
Docket: A-748-00
Between:
CLAUDE LAPLANTE
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
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FEDERAL COURT OF CANADA
APPEAL DIVISION
SOLICITORS OF RECORD
FILE: A-748-00
STYLE OF CAUSE: CLAUDE LAPLANTE
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: March 20, 2002
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.
CONCURRED IN BY: DÉCARY J.A.
NOËL J.A.
DATED: March 20, 2002
APPEARANCES:
Gilbert Nadon FOR THE APPLICANT
Anne-Marie Boutin FOR THE RESPONDENT
SOLICITORS OF RECORD:
Ouellet, Nadon & Associés FOR THE APPLICANT
Montréal, Quebec
Morris A. Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Montréal, Quebec