Docket: A-482-14
[ENGLISH TRANSLATION]
Citation:
2015 FCA 285
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CORAM:
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NADON J.A.
TRUDEL J.A.
SCOTT J.A.
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BETWEEN:
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LES ENTREPRISES
A.B. RIMOUSKI INC. ALDÈGE BANVILLE
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Appellants
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and
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HER MAJESTY THE
QUEEN
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Respondent
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Heard
at Québec, Quebec, on December 14, 2015.
Judgment delivered from the Bench at Québec, Quebec, on
December 14, 2015.
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REASONS FOR JUDGMENT OF THE COURT:
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NADON
J.A.
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Docket: A-482-14
Citation: 2015 FCA 285
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CORAM:
|
NADON J.A.
TRUDEL J.A.
SCOTT J.A.
|
|
BETWEEN:
|
|
LES ENTREPRISES
A.B. RIMOUSKI INC. ALDÈGE BANVILLE
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Appellants
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and
|
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HER MAJESTY THE
QUEEN
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Respondent
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REASONS FOR JUDGMENT OF
THE COURT
(Delivered from the Bench at Québec, Quebec,
on December 14, 2015.)
NADON J.A.
[1]
We have not been persuaded that the intervention
of this Court is warranted.
[2]
There can be no doubt, as the Quebec Court of
Appeal stated in Aldège Banville c. Procureur général du Canada (file
No. 200-09-005638-066), dated October 16, 2006, that the doctrine of res
judicata applies to the relief sought by the appellants in their motion to,
inter alia, set aside the judgment of Justice Denault of the Federal Court,
dated October 9, 1998.
[3]
In our opinion, Justice Martineau made no error
in finding that the requirements of subsection 399(2) of the Federal
Courts Rules, SOR/98-106, had not been met in this case.
[4]
In addition, the appellants’ argument that the
Judge erred in not ordering an oral hearing is, in our opinion, without merit.
[5]
In any event, and with respect for the
appellants, we are satisfied that their motion, having given rise to this
appeal, is bound to fail. In the light of the evidence, we cannot see how it
could possibly succeed.
[6]
For these reasons, the appeal will be dismissed
with costs.
“M Nadon”
Certified true translation
François Brunet,
Revisor
FEDERAL COURT OF APPEAL
NAMES
OF COUNSEL AND SOLICITORS OF RECORD
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DoCKET:
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A-482-14
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STYLE OF CAUSE:
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LES ENTREPRISES
A.B. RIMOUSKI INC., ALDÈGE BANVILLE v. HER MAJESTY THE QUEEN
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PLACE OF HEARING:
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Québec, Quebec
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DATE OF HEARING:
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DECEMBER 14, 2015
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REASONS FOR JUDGMENT
OF THE COURT BY:
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NADON J.A.
TRUDEL J.A.
SCOTT J.A.
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DELIVERED
FROM THE BENCH BY:
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NADON J.A.
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APPEARANCES:
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Vincent Guilbeault-Sauvé
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FOR THE appelLants
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Ludovic Sirois
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FOR THE
RESPONDENT
HER MAJESTY THE QUEEN
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SOLICITORS OF RECORD:
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NORMAN ROSS AVOCAT INC.
Rimouski, Quebec
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FOR THE appeLlants
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William F. Pentney
Deputy Attorney General of Canada
Ottawa, Ontario
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for the
respondent
HER MAJESTY THE QUEEN
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