Date: 20000117
Docket: 1999-1767-EI
BETWEEN:
CLÉMENT GUY THÉRIAULT,
Appellant,
and
THE MINISTER OF NATIONAL REVENUE,
Respondent,
and
COMMISSION DE LA SANTÉ ET DE LA SÉCURITÉ
AU TRAVAIL,
Intervener.
Reasons for Order
Charron, D.J.T.C.C.
[1] The Court has before it a motion to dismiss the
appellant's appeal on the grounds that it
(a) is frivolous and vexatious;
(b) is an abuse of the process of this Court;
(c) does not comply with this Court's rules of procedure
respecting employment insurance; and
(d) does not contain a summary of the facts on which the
appellant intends to rely and of the grounds for his appeal.
[2] In the past, the appellant has brought nine appeals before
this Court under the following file numbers: 87-897(UI),
89-512(UI), 92-81(UI), 93-243(UI), 94-78(UI), 95-208(UI),
96-595(UI), 97-1112(UI), 98-508(UI).
[3] There is identity of cause and object between each of the
appeals referred to above and this appeal.
[4] Only the period at issue varies from one appeal to the
next, and all the appeals have been dismissed.
[5] The respondent suffers prejudice by reason of the multiple
proceedings imposed on him by the appellant.
[6] Paragraph 1 of section 2848 of the Civil Code of Quebec
provides as follows:
The authority of a final judgment (res judicata)
is an absolute presumption; it applies only to the object
of the judgment when the demand is based on the same cause and is
between the same parties acting in the same qualities and the
thing applied for is the same.
[7] Accordingly, the respondent's motion is allowed and
the Court orders that this appeal be dismissed, the whole without
costs.
Signed at Ottawa, Canada, this 17th day of January 2000.
"G. Charron"
D.J.T.C.C.
[OFFICIAL ENGLISH TRANSLATION]
Translation certified true on this 7th day of December
2000.
Erich Klein, Revisor
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