Date: 19980121
Docket: A-1044-96
Coram: THE HONOURABLE MR. JUSTICE PRATTE
THE HONOURABLE MR. JUSTICE DENAULT
THE HONOURABLE MR. JUSTICE DÉCARY
Between:
JACQUES DUFRESNE,
Appellant,
-and-
CANADA EMPLOYMENT AND IMMIGRATION COMMISSION,
Respondent.
Hearing held at Québec, Quebec on Wednesday, January 21, 1998
Judgment delivered from the bench at Québec, Quebec on Wednesday, January 21, 1998
REASONS FOR JUDGMENT OF THE COURT BY : DÉCARY J.A.
Date: 19980121
Docket: A-1044-96
QUÉBEC, QUEBEC, THE 21st DAY OF JANUARY, 1998
Coram: THE HONOURABLE MR. JUSTICE PRATTE
THE HONOURABLE MR. JUSTICE DENAULT
THE HONOURABLE MR. JUSTICE DÉCARY
Between:
JACQUES DUFRESNE,
Appellant,
-and-
CANADA EMPLOYMENT AND IMMIGRATION COMMISSION,
Respondent.
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Québec, Quebec on
Wednesday, January 21, 1998)
DÉCARY J.A.
[1] The gist of the Umpire"s criticism of the board of referees is that it disregarded the claimant"s written statements and chose to rely on only his explanations at the hearing.
[2] This criticism is not justified. The transcript shows that the board of referees questioned the claimant about his written statements before accepting his oral explanations. The Umpire could not infer from this that the board of referees had disregarded the written declarations.
[3] The application for judicial review will be allowed, the Umpire"s decision set aside and the matter referred back to the Chief Umpire or an umpire designated by him for redetermination on the basis that the Commission"s appeal should be dismissed.
Robert Décary
J.A.
Certified true translation
M. Iveson
| Court No.: A-1044-96 |
Between:
JACQUES DUFRESNE,
Appellant,
-and-
CANADA EMPLOYMENT AND IMMIGRATION COMMISSION,
Respondent.
REASONS FOR JUDGMENT OF THE COURT
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-1044-96
STYLE OF CAUSE: JACQUES DUFRESNE,
Appellant,
And:
| CANADA EMPLOYMENT AND IMMIGRATION COMMISSION, |
Respondent.
PLACE OF HEARING: Québec, Quebec
REASONS FOR JUDGMENT
OF THE COURT BY: The Honourable Mr Justice Pratte
| The Honourable Mr. Justice Denault |
| The Honourable Mr. Justice Décary |
DATED: January 21, 1998
APPEARANCES:
François Valin For the appellant
| Claude Provencher For the respondent |
SOLICITORS OF RECORD:
KRONSTRÖM, DESJARDINS
Iberville Deux
1175, ave. Lavigerie, bureau 500
Ste-Foy, Quebec
G1V 4P1 For the appellant
DEPARTMENT OF JUSTICE
Guy Favreau Complex
200 René Lévesque Blvd. West
East Tower, 9th floor
Montréal, Quebec H2Z 1X4 For the respondent