Date: 20010112
Docket: A-666-99
Coram: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
Between:
ROBERTO BUFFONE
Applicant
and
MINISTER OF HUMAN RESOURCES
DEVELOPMENT (CANADA)
Respondent
Heard at Montreal, Quebec, Friday, January 12, 2001
Judgment delivered from the Bench at Montreal, Quebec,
on Friday, January 12, 2001
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
Date: 20010112
Docket: A-666-99
Coram: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
Between:
ROBERTO BUFFONE
Applicant
and
MINISTER OF HUMAN RESOURCES
DEVELOPMENT (CANADA)
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montreal, Quebec,
on Friday, January 12, 2001)
DÉCARY J.A.
[1] We have not been persuaded that the Umpire made any reviewable error in deciding as he did.
[2] The applicant's argument is premised on his view that section 30 of the Employment Insurance Regulations, SOR/96-332 is a general prohibition against self-employed persons. That view is incorrect. By its very words, the section disqualifies only those self-employed persons who do not fall within the ambit of subsections (2) and (3).
[3] As to the alternate remedy sought by the applicant pursuant to subparagraph 56(1)(f)(ii) of the Regulations, it is settled law that neither the Umpire nor this Court have jurisdiction to write off the amount owed by the applicant.
[4] The application for judicial review will be dismissed with costs.
"Robert Décary"
J.A.
MONTREAL, QUEBEC
January 12, 2001
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20010112
Docket: A-666-99
Between :
ROBERTO BUFFONE
Applicant
and
MINISTER OF HUMAN RESOURCES
DEVELOPMENT (CANADA)
Respondent
REASONS FOR JUDGMENT OF THE COURT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| DOCKET: A-666-99 |
| CORAM: DESJARDINS J.A. |
DÉCARY J.A.
NOËL J.A.
STYLE OF CAUSE: ROBERTO BUFFONE
Applicant
and
MINISTER OF HUMAN RESOURCES
DEVELOPMENT (CANADA)
Respondent
| PLACE OF HEARING: Montreal, Quebec |
| DATE OF HEARING: January 12, 2001 |
REASONS FOR JUDGMENT
| OF THE COURT BY: DÉCARY J.A. |
Delivered at Montreal, Quebec on Friday 12, 2001
APPEARANCES:
Mr. Roberto Buffone FOR THE APPLICANT
| Montreal, Quebec (Himself) |
| Ms. Nadia Hudon FOR THE RESPONDENT |
SOLICITOR OF RECORD:
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Montreal, Quebec