Labrie v. Canada (Minister of National Revenue)
The trial judge did not err in admitting the appellants' statements and the admission that hours had been combined provided sufficient evidence to support the judge's conclusion; accordingly the appeal must be dismissed.
Source-derived case information.
- Citation
- 2004 FCA 392
- Parties
- Appellant: Julie Labrie; Respondent: Minister of National Revenue
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 18 November 2004
- Procedural Posture
- Appeal to Federal Court of Appeal / Judgment on Appeal (reasons Delivered)
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Benefit Entitlement, Admissibility of Admissions, Appellate Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julie Labrie
Appellant
Minister of National Revenue
Respondent
Procedural Posture
Appeal to Federal Court of Appeal / Judgment on Appeal (reasons Delivered)
Legal Issues
- 1 Whether the trial judge erred in admitting the statements of the appellants as evidence
- 2 Whether the content of the statements supported the trial judge's conclusion regarding entitlement to benefits
Ratio Decidendi
The trial judge did not err in admitting the appellants' statements and the admission that hours had been combined provided sufficient evidence to support the judge's conclusion; accordingly the appeal must be dismissed.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
- A copy of these reasons to be placed in dockets A-530-03 and A-531-03.
Full Case Text
Judgment text and source record
1 paragraphs
Labrie v. Canada (Minister of National Revenue) Court (s) Database Federal Court of Appeal Decisions Date 2004-11-18 Neutral citation 2004 FCA 392 File numbers A-530-03, A-531-03, A-532-03 Decision Content Date: 20041118 Docket: A-532-03 A-531-03 A-530-03 Citation: 2004 FCA 392 CORAM: LÉTOURNEAU J.A. NOËL J.A. NADON J.A. BETWEEN: JULIE LABRIE Appellant and MINISTER OF NATIONAL REVENUE Respondent Hearing held at Québec, Quebec, November 17, 2004. Judgment delivered at Québec, Quebec, November 18, 2004. REASONS FOR JUDGMENT OF THE COURT: NOËL J.A. CONCURRING: LÉTOURNEAU J.A. NADON J.A. Date: 20041118 Docket: A-532-03 A-531-03 A-530-03 Citation: 2004 FCA 392 CORAM: LÉTOURNEAU J.A. NOËL J.A. NADON J.A. BETWEEN: JULIE LABRIE Appellant and MINISTER OF NATIONAL REVENUE Respondent REASONS FOR JUDGMENT NOËL J.A. [1] We are of the opinion that the trial judge did not err in admitting as evidence the statements of the three appellants. We are also of the opinion that the content of these statements, and in particular the admission by the appellant Céline Labrie that she had agreed with the appellants Julie Labrie and Caroline Plourde to combine their hours in order to maximize their right to benefits, warrants the conclusion reached by the judge below. [2] The appeal will be dismissed with costs. [3] In accordance with the order issued on February 19, 2004, a copy of these reasons will be placed in dockets A-530-03 and A-531-03. "Marc Noël" J.A. "I agree. Gilles Létourneau, J.A." "I agree. Marc Nadon, J.A." Certified true translation Jacques Deschênes, LL.B. FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-532-03 STYLE: JULIE LABRIE v. MINISTER OF NATIONAL REVENUE PLACE OF HEARING: QUÉBEC, QUEBEC DATE OF HEARING: NOVEMBER 17, 2004 CORAM: LÉTOURNEAU J.A. NOËL J.A. NADON J.A. REASONS FOR JUDGMENT OF THE COURT: NOËL J.A. DATED: NOVEMBER 18, 2004 APPEARANCES: Frédéric St-Jean FOR THE APPELLANT Anne Poirier FOR THE RESPONDENT SOLICITORS OF RECORD: Frédéric St-Jean, Advocate FOR THE APPELLANT Sainte-Foy, Quebec Department of Justice, Canada Montréal, Quebec FOR THE RESPONDENT