Federal Court of Appeal Decisions

Date: 20151214

Docket: A-482-14

[ENGLISH TRANSLATION]

Citation: 2015 FCA 285

Heard at Québec, Quebec, on December 14, 2015.

Judgment delivered from the Bench at Québec, Quebec, on December 14, 2015.

Date: 20151214

Docket: A-482-14

Citation: 2015 FCA 285

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

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