Docket: A-305-99
THE HONOURABLE MADAM JUSTICE DESJARDINS
THE HONOURABLE MR. JUSTICE DÉCARY
Between:
2970-7080 QUÉBEC INC.,
GIUSEPPINA PETRACCONE,
PASQUALE PETRACCONE,
LORENZO RAMADORI
-and-
SESTO RAMADORI
Appellants
-AND-
ATTORNEY GENERAL OF CANADA
Respondent
Hearing held at Montréal, Quebec, on Wednesday, May 31, 2000
Judgment delivered from the bench at Montréal, Quebec, on Wednesday, May 31, 2000
REASONS FOR JUDGMENT OF THE COURT: THE CHIEF JUSTICE
Date: 20000531
THE HONOURABLE MADAM JUSTICE DESJARDINS
THE HONOURABLE MR. JUSTICE DÉCARY
Between:
2970-7080 QUÉBEC INC.,
GIUSEPPINA PETRACCONE,
PASQUALE PETRACCONE,
LORENZO RAMADORI
-and-
SESTO RAMADORI
Appellants
-AND-
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
(Delivered from the bench at Montréal,
Quebec, on Wednesday, May 31, 2000)
THE CHIEF JUSTICE
| [1] This is an appeal of a decision of Mr. Justice Pinard (1999) 166 F.T.R. 290, |
dismissing the appellants" application for judicial review of a refusal by officials
Page: 2
to refund certain employment insurance premiums on the grounds that their refund application was not made within the three-year period prescribed by subsection 96(1) of the Employment Insurance Act.
| [2] Subsection 96(1) of the Act is unambiguous and makes no exception for |
employees who are related to the employer, as counsel for the appellants argues.
| [3] We are satisfied that Mr. Justice Pinard did not err in law in dismissing the |
application for judicial review nor in deciding that the appellants could not, under the
circumstances, raise the issue of unjust enrichment in the context of their application for judicial review.
| [4] The appeal will therefore be dismissed with costs. |
J. Richard
C.J.
Certified true translation
Mary Jo Egan, LL.B.
Docket: A-305-99
MONTRÉAL, QUEBEC, THE 31st DAY OF MAY 2000
THE HONOURABLE MADAM JUSTICE DESJARDINS
THE HONOURABLE MR. JUSTICE DÉCARY
Between:
2970-7080 QUÉBEC INC.,
GIUSEPPINA PETRACCONE,
PASQUALE PETRACCONE,
LORENZO RAMADORI
-and-
SESTO RAMADORI
Appellants
-AND-
ATTORNEY GENERAL OF CANADA
Respondent
JUDGMENT
The appeal is dismissed with costs.
J. Richard
C.J.
Certified true translation
Mary Jo Egan, LL.B.
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
APPEAL FROM A JUDGMENT OF THE TRIAL DIVISION
DATED APRIL 28, 1999, COURT FILE NO.: T-1879-98
| STYLE OF CAUSE: 2970-7080 QUÉBEC INC., |
ET AL.
Appellants
AND
ATTORNEY GENERAL OF CANADA
Respondent
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: May 31, 2000 |
REASONS FOR JUDGMENT OF THE CHIEF JUSTICE
APPEARANCES:
| Michel Mathieu for the Appellants |
| Maria Grazia Bittichesu for the Respondent |
SOLICITORS OF RECORD:
SWEIBEL, NOVEK for the Appellants
Montréal, Quebec
| Morris Rosenberg for the Respondent |
Deputy Attorney General of Canada
Ottawa, Ontario
| ATTORNEY GENERAL OF CANADA |
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