LES ENTREPRISES A.B. RIMOUSKI INC. ALDÈGE BANVILLE Appellants v. HER MAJESTY THE, 2015 FCA 285

Date: 20151214 Docket: A-482-14 [ENGLISH TRANSLATION] Citation: 2015 FCA 285 CORAM: NADON J.A. TRUDEL J.A. SCOTT J.A. BETWEEN: LES ENTREPRISES A.B. RIMOUSKI INC. ALDÈGE BANVILLE Appellants and HER MAJESTY THE QUEEN Respondent Heard at Québec, Quebec, on December 14, 2015. Judgment delivered from the Bench at Québec, Quebec, on December 14, 2015. REASONS FOR JUDGMENT OF THE COURT: NADON J.A. Date: 20151214 Docket: A-482-14 Citation: 2015 FCA 285 CORAM: NADON J.A. TRUDEL J.A. SCOTT J.A. BETWEEN: LES ENTREPRISES A.B. RIMOUSKI INC.

ALDÈGE BANVILLE Appellants and HER MAJESTY THE QUEEN Respondent 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” J.A. Certified true translation François Brunet, Revisor FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DoCKET: A-482-14 STYLE OF CAUSE: LES ENTREPRISES A.B.

RIMOUSKI INC., ALDÈGE BANVILLE v. HER MAJESTY THE QUEEN PLACE OF HEARING: Québec, Quebec DATE OF HEARING: DECEMBER 14, 2015 REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. TRUDEL J.A. SCOTT J.A. DELIVERED FROM THE BENCH BY : NADON J.A. APPEARANCES : Vincent Guilbeault-Sauvé FOR THE appelLants Ludovic Sirois FOR THE RESPONDENT HER MAJESTY THE QUEEN SOLICITORS OF RECORD : NORMAN ROSS AVOCAT INC. Rimouski, Quebec FOR THE appeLlants William F. Pentney Deputy Attorney General of Canada Ottawa, Ontario for the respondent HER MAJESTY THE QUEEN