Federal Court of Appeal Decisions

Decision Information

Decision Content

                                                                                                                                   Date: 20010227

                                                                                                                                Docket: A-778-98

Montréal, Quebec, Tuesday, February 27, 2001

CORAM:        DESJARDINS, J.A.

LÉTOURNEAU, J.A.

NOËL, J.A.

BETWEEN:

MICHEL COUTURE

Applicant

AND

MINISTER OF NATIONAL REVENUE

Respondent

J U D G M E N T

This application for judicial review is dismissed with costs.

                      "Alice Desjardins"

                                                                  J.A.

Certified true translation

Suzanne M. Gauthier, LL.L., Trad. a.


Date: 20010227

                                            Docket: A-778-98

Neutral Citation: 2001 FCA 41

Coram: DESJARDINS, J.A.

LÉTOURNEAU, J.A.

NOËL, J.A.

Between:

MICHEL COUTURE

Applicant

AND

MINISTER OF NATIONAL REVENUE

Respondent

Hearing held in Montréal, Quebec

Tuesday, February 27, 2001

Judgment pronounced at the hearing in Montréal, Quebec

Tuesday, February 27, 2001

REASONS FOR JUDGMENT OF THE COURT BY:        DESJARDINS J.A.


Date: 20010227

                                           Docket: A-778-98

Neutral Citation: 2001 FCA 41

Coram:             DESJARDINS, J.A.

LÉTOURNEAU, J.A.

NOËL, J.A.

BETWEEN:

MICHEL COUTURE

Applicant

AND

MINISTER OF NATIONAL REVENUE

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Pronounced from the bench at the hearing in

Montreál, Quebec, Tuesday, February 27, 2001)

DESJARDINS J.A.

[1]         We are of the opinion that, notwithstanding the respondent's admission that subclause 5(u) of the Reply to the Notice of Appeal was erroneous and that the social insurance number supplied by Mr. Michel Presseau was valid, there was sufficient evidence to allow the trial judge to find that the applicant held more than 40% of the voting shares of the payer (paragraph 3(2)(d) of the Unemployment Insurance Act, R.S.C. 1985, c. U-1 (the "Act")).


[2]         We are also of the opinion that the evidence allowed the trial judge to find that the applicant was, during the periods in dispute, the directing mind of the company and that he was not performing insurable employment under a contract of service (paragraph 3(1)(a) of the Act).

[3]         This application for judicial review will be dismissed with costs.

                      "Alice Desjardins"

                                                                  J.A.

Montréal, Quebec

February 27, 2001

Certified true translation

Suzanne M. Gauthier, LL.L., Trad. a.


FEDERAL COURT OF CANADA

APPEAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

FILE NO:                                            A-778-98

STYLE:                                                MICHEL COUTURE

Applicant

AND

MINISTER OF NATIONAL REVENUE

Respondent

PLACE OF HEARING:                     Montréal, Quebec

DATE OF HEARING:                        February 27, 2001

REASONS FOR JUDGMENT:        Desjardins, J.A.

DATED:                                              February 27, 2001

APPEARANCES:

Daniel Gilbert                                                                            FOR THE APPLICANT

Nathalie Lessard                                                                        FOR THE RESPONDENT

SOLICITORS OF RECORD:

Daniel Gilbert

Terrebonne, Quebec                                                                  FOR THE APPLICANT

Morris Rosenberg

Deputy Attorney General of Canada

Montréal, Quebec                                                                     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.