Club juridique v. Canada (Attorney General)
The Tax Court judge properly applied the governing criteria and, on the evidence, correctly concluded that the relationship was a contract of service making Ms. Charest's employment insurable under subsection 5(1) of the Employment Insurance Act; there was no reviewable error and the application for judicial review...
Source-derived case information.
- Citation
- 2003 FCA 414
- Parties
- Applicant: Club Juridique; Respondent: The Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 4 November 2003
- Procedural Posture
- Appeal From Tax Court Judgment (judicial Review) / Final Judgment (federal Court of Appeal)
- Outcome
- Application for judicial review dismissed with costs
- Legal Topics
- Insurable Employment, Contract of Service Vs Contract for Services, Judicial Review, Association by Contract of Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Club Juridique
Applicant
The Attorney General of Canada
Respondent
Procedural Posture
Appeal From Tax Court Judgment (judicial Review) / Final Judgment (federal Court of Appeal)
Legal Issues
- 1 Whether the applicant and Solange Charest were associated by a contract of service
- 2 Whether Ms. Charest's employment from May 1, 1995 to February 18, 2000 was insurable under subsection 5(1) of the Employment Insurance Act
- 3 Whether the Tax Court judge correctly applied the legal criteria to distinguish contract of service from contract for services
Ratio Decidendi
The Tax Court judge properly applied the governing criteria and, on the evidence, correctly concluded that the relationship was a contract of service making Ms. Charest's employment insurable under subsection 5(1) of the Employment Insurance Act; there was no reviewable error and the application for judicial review must be 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
Club juridique v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2003-11-04 Neutral citation 2003 FCA 414 File numbers A-83-02 Decision Content Date: 20031104 Docket: A-83-02 Citation: 2003 FCA 414 CORAM: DÉCARY J.A. NOËL J.A. NADON J.A. BETWEEN: CLUB JURIDIQUE Applicant and THE ATTORNEY GENERAL OF CANADA Respondent Hearing held at Montréal, Quebec, on November 4, 2003. Judgment from the bench at Montréal, Quebec, on November 4, 2003. REASONS FOR JUDGMENT OF THE COURT: NADON J.A. Date: 20031104 Docket: A-83-02 Citation: 2003 FCA 414 CORAM: DÉCARY J.A. NOËL J.A. NADON J.A. BETWEEN: CLUB JURIDIQUE Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on November 4, 2003) NADON J.A. [1] We consider that Judge Somers of the Tax Court of Canada made no error in concluding that the applicant and Solange Charest were associated by a contract of service, and that consequently Ms. Charest's employment for the period from May 1, 1995 to February 18, 2000, was insurable employment within the meaning of subsection 5(1) of the Employment Insurance Act. [2] In our view, Judge Somers correctly applied the relevant criteria applicable to the matter he had to decide, namely whether the contract between Solange Charest and the applicant was a contract of service or a contract for services. [3] Further, the Court is satisfied that the conclusions arrived at by the judge are entirely based on the evidence that was before him. [4] The application for judicial review will therefore be dismissed with costs. "Marc Nadon" J.A. Certified true translation Suzanne M. Gauthier, C. Tr., LL.L. FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-83-02 (APPEAL FROM JUDGMENT OR ORDER BY JUDGE J.F. SOMERS OF TAX COURT OF CANADA ON AUGUST 27, 2001, CASE No. 2001-554 (EI)). STYLE OF CAUSE: CLUB JURIDIQUE v. THE ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: November 4, 2003 REASONS FOR JUDGMENT OF THE COURT (DÉCARY, NOËL, NADON J.A.) DELIVERED FROM THE BENCH (BY): NADON J.A. APPEARANCES: Bruno Levasseur FOR THE RESPONDENT SOLICITORS OF RECORD: Yvon Descôteaux FOR THE APPLICANT Laval, Quebec Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Montréal, Quebec