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Date: 20001017


Docket: A-670-98

CORAM:      DÉCARY J.A.

         LÉTOURNEAU J.A.

         NOËL J.A.

BETWEEN:


PIERRE BILODEAU


Appellant

AND:


MINISTER OF NATIONAL REVENUE


Respondent


Hearing held at Québec, Quebec on Tuesday, October 17, 2000.

Judgment rendered at Québec, Quebec on October 17, 2000.




REASONS FOR JUDGMENT BY:                          NOËL J.A.




Date: 20001017


Docket: A-670-98

Coram:      DÉCARY J.A.

         LÉTOURNEAU J.A.

         NOËL J.A.

Between:


PIERRE BILODEAU


Appellant


- AND -


MINISTER OF NATIONAL REVENUE


Respondent




REASONS FOR JUDGMENT

(Delivered from the bench at Québec, Quebec

on Tuesday, October 17, 2000)


NOËL J.A.

[1]      The appellant objected in this Court to the findings of fact made by the trial judge. In particular, he stressed that the evidence did not allow the latter to conclude that Messrs. Sanchagrin and Lavoie and Ms. Robichaud were acting on his behalf as nominees.

[2]      Despite the strenuous efforts of Mr. St-Jean to try and persuade the Court to the contrary, we consider that the evidence allowed the trial judge to draw this conclusion. Additionally, we can find no error in his judgment that would warrant the Court's intervention.

[3]      The application for judicial review will be dismissed. In the circumstances, costs will be awarded in accordance with paragraph 2 of the Order made on October 12, 2000.




Marc Noël

     J.A.

Québec, Quebec

October 17, 2000




Certified true translation




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

     FEDERAL COURT APPEAL DIVISION

    

     NAMES OF COUNSEL AND SOLICITORS OF RECORD


COURT FILE No.:      A-670-98
STYLE OF CAUSE:      PIERRE BILODEAU

Appellant

             AND:
             MINISTER OF NATIONAL REVENUE

Respondent

PLACE OF HEARING:      Québec, Quebec
DATE OF HEARING:      October 17, 2000

REASONS FOR JUDGMENT

OF THE COURT BY:      Noël J.A.
DATED:          October 17, 2000

APPEARANCES:

             Frédéric St-Jean          for the appellant
             Bernard Fontaine          for the respondent

SOLICITORS OF RECORD:

             3107 ave. des Hôtels          for the appellant
             Sainte-Foy, Quebec
             Morris Rosenberg          for the respondent
             Deputy Attorney General
             of Canada



     FEDERAL COURT OF APPEAL


     Date: 20001017

     Docket: A-670-98

Between:


PIERRE BILODEAU


Appellant


- AND -


MINISTER OF NATIONAL REVENUE


Respondent









     REASONS FOR JUDGMENT












Date: 20001017


Docket: A-670-98

QUÉBEC, QUEBEC, OCTOBER 17, 2000

Coram:      DÉCARY J.A.

         LÉTOURNEAU J.A.

         NOËL J.A.

Between:


PIERRE BILODEAU


Appellant


- AND -


MINISTER OF NATIONAL REVENUE


Respondent




JUDGMENT


     The application for judicial review is dismissed and costs are awarded in accordance with paragraph 2 of the Order made on October 12, 2000.


Robert Décary

     J.A.

Certified true translation




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

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