Laplante v. Canada (Attorney general)
The Tax Court deputy judge's conclusion that the applicant was self-employed and had contracts for services was supported by the evidence and involved no perverse or capricious factual findings or error of law; therefore the application for judicial review is dismissed.
Source-derived case information.
- Citation
- 2002 FCA 116
- Parties
- Applicant: Claude Laplante; Respondent: The Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 20 March 2002
- Procedural Posture
- Application for Judicial Review Under S.28 of the Federal Court Act / Decision on Judicial Review Application by Federal Court of Appeal
- Outcome
- Application for judicial review dismissed with costs.
- Legal Topics
- Insurable Employment, Self Employment Vs. Employee Status, Contracts for Services, Judicial Review, Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Claude Laplante
Applicant
The Attorney General of Canada
Respondent
Procedural Posture
Application for Judicial Review Under S.28 of the Federal Court Act / Decision on Judicial Review Application by Federal Court of Appeal
Legal Issues
- 1 Whether the applicant held insurable employment within the meaning of the Unemployment Insurance Act and Employment Insurance Act
- 2 Whether the Tax Court deputy judge made perverse or capricious findings of fact or errors of law warranting intervention by this Court
Ratio Decidendi
The Tax Court deputy judge's conclusion that the applicant was self-employed and had contracts for services was supported by the evidence and involved no perverse or capricious factual findings or error of law; therefore the application for judicial review is dismissed.
Court Disposition
Application for judicial review dismissed with costs.
Orders
- Application for judicial review dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Laplante v. Canada (Attorney general) Court (s) Database Federal Court of Appeal Decisions Date 2002-03-20 Neutral citation 2002 FCA 116 File numbers A-748-00 Decision Content 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. J. Richard Chief Justice Certified true translation Suzanne M. Gauthier, C. Tr., LL.L. 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 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