A-651-96
QUÉBEC, QUEBEC, THIS 10th DAY OF FEBRUARY 1997
CORAM: THE HONOURABLE MR. JUSTICE MARCEAU
THE HONOURABLE MR. JUSTICE HUGESSEN
THE HONOURABLE MADAME JUSTICE DESJARDINS
BETWEEN: CLAUDE BOULANGER,
Applicant,
- AND -
DEPARTMENT OF NATIONAL REVENUE,
Respondent,
- AND -
LE GROUPE DE PRESSE BELLAVANCE INC.,
Intervener.
J U D G M E N T
The application for judicial review is dismissed.
Louis Marceau
J.A.
Certified true translation
C. Delon, LL.L.
A-651-95
CORAM: MARCEAU J.A.
HUGESSEN J.A.
DESJARDINS J.A.
BETWEEN:
CLAUDE BOULANGER,
Applicant,
- and -
DEPARTMENT OF NATIONAL REVENUE,
Respondent,
- and -
LE GROUPE DE PRESSE BELLAVANCE INC.,
Intervener.
Hearing held at Québec, Quebec, on Monday, February 10, 1997.
Judgment delivered from the bench on Monday, February 10, 1997.
REASONS FOR JUDGMENT OF THE COURT BY: MARCEAU J.A.
A-651-95
CORAM: MARCEAU J.A.
HUGESSEN J.A.
DESJARDINS J.A.
BETWEEN:
CLAUDE BOULANGER,
Applicant,
- and -
DEPARTMENT OF NATIONAL REVENUE,
Respondent,
- and -
LE GROUPE DE PRESSE BELLAVANCE INC.,
Intervener.
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Québec, Quebec,
on Monday, February 10, 1997)
MARCEAU J.A.
To succeed on an application for judicial review, the applicant must show that the decision a quo is based on an error of law or a perverse or inaccurate view of the fact situation. In our opinion, there is no error of law here, and it certainly cannot be said that there was a perverse or capricious view of the facts. Clearly, the distinction between a contract of service, which creates an employer-employee relationship within the meaning of the Unemployment Insurance Act, and what is called a contract for services, in which no such relationship is created, and under which the person who hires out services retains his or her independence in terms of the manner in which his or her obligations will be performed, can still give rise to problems in practice, having regard to the host of fact situations that may arise, and it would be wrong to think that these problems can be solved by applying simple, rigid formulae. What the case law provides on this point are guides. Ultimately, a case must be analyzed as a whole. For that reason, we believe that the analysis done by the trial judge is not open to criticism. No doubt she did start with a prima facie impression, but there is nothing improper in that when the analysis done to verify that impression is systematic and based on all the evidence. In our view, that is what was done here. We do not see how and on what basis we could intervene.
The application will be dismissed.
"Louis Marceau"
J.A.
Certified true translation
C. Delon, LL.L.
FEDERAL COURT OF APPEAL
A-651-95
BETWEEN:
CLAUDE BOULANGER,
Applicant,
- and-
MINISTER OF NATIONAL REVENUE,
Respondent,
LE GROUPE DE PRESSE
BELLAVANCE INC.,
Intervener.
REASONS FOR JUDGMENT
OF THE COURT
FEDERAL COURT OF CANADA
COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: A-651-95
| STYLE OF CAUSE: Claude Boulanger v. Department of National Revenue et al. |
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: February 10, 1997
REASONS FOR JUDGMENT OF THE COURT (Marceau, Hugessen & Desjardins JJ.A.)
DELIVERED FROM THE BENCH BY: Marceau J.A.
APPEARANCES:
Valère M. Gagné FOR THE APPLICANT
Louis Tasse FOR THE RESPONDENT
Christian Boudreau FOR THE INTERVENER
SOLICITORS OF RECORD:
Valère M. Gagné
Rimouski, Quebec
Ste-Foy, Quebec FOR THE APPLICANT
George Thomson
Deputy Attorney General of Canada
Ottawa, Ontario FOR THE RESPONDENT
Gendreau, Roy, Beaulieu et Carrier
Rimouski, Quebec FOR THE INTERVENER