Case information
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31953
Minister of National Revenue v. Combined Insurance Company of America
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2007-11-02 | Close file on Leave | |
| 2007-10-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-10-26 | Judgment on leave sent to the parties | |
| 2007-10-25 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-469-05, 2007 FCA 60, dated January 30, 2007, is dismissed with costs. Dismissed, with costs |
|
| 2007-06-25 | All materials on application for leave submitted to the Judges, Ba LeB F | |
| 2007-04-27 | Respondent's response on the application for leave to appeal, Completed on: 2007-04-27 | Combined Insurance Company of America |
| 2007-03-30 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-03-30 | Application for leave to appeal, Vol I to IV, Completed on: 2007-03-30 | Minister of National Revenue |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Minister of National Revenue | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Combined Insurance Company of America | Respondent | Active |
Counsel
Party: Minister of National Revenue
Counsel
Pierre Cossette
200, boul. René Lévesque Ouest
Tour Est, 9e étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 496-2496
FAX: (514) 283-3103
Email: benoit.mandeville@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Combined Insurance Company of America
Counsel
1981, avenue McGill College
Bureau 1100
Montréal, Quebec
H3A 3C1
Telephone: (514) 847-4991
FAX: (514) 286-5474
Email: ystcyr@ogilvyrenault.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Legislation - Interpretation - Constitutional law - Bijuralism - Exception to provincial legislative jurisdiction - Federal private law - Employment insurance - Insurable employment - Undefined concept of contract of service - Application of this concept in Quebec - Separate provincial suppletive law prescribed - Precedents applying both common law tests and test from Quebec civil law - Whether Federal Court of Appeal erred in law in using, on suppletive basis, common law tests rather than Quebec civil law to define and apply federal concept of contract of service in Quebec - Quebec Act, 14 George III (1774 U.K.) - Constitution Act, 1867, ss. 91(2A) and 92(13) - Interpretation Act, R.S.C. 1985, c. I-21, as amended by Federal Law-Civil Law Harmonization Act, No. 1 - Employment Insurance Act, s. 5(1)(a).
After a training period with the Respondent insurance company, and after subsequently passing the examination of the Autorité des marchés financiers, Mélanie Drapeau signed a contract making her an insurance sales representative for that company. She was paid on commission. The evidence showed that she had a substantial workload and that her work strategies and methods were determined by the company. Although she had some freedom in arranging meetings with customers who were basically provided by the company, she was required to attend meetings and produce detailed reports. When she applied for and obtained maternity benefits, her employer contested her eligibility, arguing that she was self-employed.
Lower court rulings
Tax Court of Canada
2004-4421(EI), 2005CCI478
see file
Federal Court of Appeal
A-469-05, 2007 CAF 60
see file
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available