Federal Court of Appeal Decisions

Decision Information

Decision Content

                                                                                                                                 Date: 20051025

                                                                                                                             Docket: A-262-04

                                                                                                                    Citation: 2005 FCA 344

CORAM :       DÉCARY J.A.

LÉTOURNEAU J.A.

NOËL J.A.

BETWEEN:

                                                           CLÉMENT SÉVIGNY

                                                                                                                                            Appellant

                                                                           and

                                            MINISTER OF NATIONAL REVENUE

                                                                                                                                        Respondent

                                    Hearing held at Québec, Quebec, on October 20, 2005.

                               Judgment delivered at Ottawa, Ontario, on October 25, 2005.

REASONS FOR JUDGMENT BY:                                                                               DÉCARY J.A.

CONCURRED IN BY:                                                                                        LÉTOURNEAU J.A.

                                                                                                                                          NOËL J.A.


                                                                                                                                 Date: 20051025

                                                                                                                             Docket: A-262-04

                                                                                                                    Citation: 2005 FCA 344

CORAM:        DÉCARY J.A.

LÉTOURNEAU J.A.

NOËL J.A.

BETWEEN:

                                                           CLÉMENT SÉVIGNY

                                                                                                                                            Appellant

                                                                           and

                                            MINISTER OF NATIONAL REVENUE

                                                                                                                                        Respondent

                                                    REASONS FOR JUDGMENT

DÉCARY J.

[1]                This is an appeal from the decision of a deputy judge of the Tax Court of Canada (2004 TCC 250) concerning the insurability of the appellant's employment within the meaning of paragraphs 5(2)(i) and 5(3)(b) of the Employment Insurance Act.


[2]                The judge found that the appellant, who is the spouse of the owner of the convenience store where he worked, would not have entered into a similar contract if his relationship with his employer had been at arm's length.

[3]                Basically, the appellant objects to the judge's having preferred the version given by the appellant and his spouse at their initial meeting with an investigating officer over the revised version that they subsequently gave and later repeated in Court.

[4]                The judge explained at length the reasons why he chose the initial version over the second, and it is not for this Court to substitute its choice for the informed choice of the judge. I should add that the initial version was given on two separate occasions, two days apart, first by the appellant and then by the employer, in the presence of their accountant, who was not called upon to testify. That version was duly signed, and the responses given by each were remarkably similar, leading to the inescapable conclusion that a person in an arm's length relationship with an employer would never have received benefits the same as, or similar to, those received by the appellant.

[5]                The appeal should be dismissed with costs.

                                                                                                                                   "Robert Décary"                

J.A.

I concur

Gilles Létourneau J.A.

I concur

Marc Noël J.A.


Certified true translation

Michael Palles


                                                  FEDERAL COURT OF APPEAL

                                                      SOLICITORS OF RECORD

DOCKET:                                           A-262-04

STYLE OF CAUSE:                CLÉMENT SÉVIGNY v. MINISTER OF NATIONAL REVENUE

PLACE OF HEARING:                    Québec, Quebec

DATE OF HEARING:                       October 20, 2005

REASONS FOR JUDGMENT BY:                                                                           DÉCARY J.A.

DATED:                                              October 25, 2005

APPEARANCES:

Frédéric Saint-Jean                                                                                         FOR THE APPELLANT

Nathalie Goulard                                                                                         FOR THE RESPONDENT

SOLICITORS OF RECORD:

Frédéric Goulard

Sainte-Foy, Quebec                                                                                       FOR THE APPELLANT

John H. Sims, Q.C.

Deputy Attorney General of Canada

Ottawa, Ontario                                                                                          FOR THE RESPONDENT


 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.