Date: 19980402
Docket: A-639-97
MONTRÉAL, QUEBEC, THE 2nd DAY OF APRIL 1998
CORAM: THE HONOURABLE MR. JUSTICE DENAULT
THE HONOURABLE MR. JUSTICE LÉTOURNEAU
THE HONOURABLE DEPUTY JUSTICE CHEVALIER
BETWEEN:
ALAIN BÉRUBÉ
Applicant
AND
CANADA EMPLOYMENT INSURANCE COMMISSION
Respondent
AND
DEPUTY ATTORNEY GENERAL OF CANADA
Third Party
J U D G M E N T
The application for judicial review is dismissed.
Pierre Denault
J.A.
Certified true translation
Peter Douglas
Date: 19980402
Docket: A-639-97
Coram: DENAULT J.A.
LÉTOURNEAU J.A.
CHEVALIER D.J.
Between:
ALAIN BÉRUBÉ
Applicant
AND
CANADA EMPLOYMENT INSURANCE COMMISSION
Respondent
AND
DEPUTY ATTORNEY GENERAL OF CANADA
Third Party
Hearing held at Montréal, Quebec on Thursday, April 2, 1998.
Judgment delivered at Montréal, Quebec on Thursday, April 2, 1998.
REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A.
Date: 19980402
Docket: A-639-97
Coram: DENAULT J.A.
LÉTOURNEAU J.A.
CHEVALIER D.J.
Between:
ALAIN BÉRUBÉ
Applicant
AND
CANADA EMPLOYMENT INSURANCE COMMISSION
Respondent
AND
DEPUTY ATTORNEY GENERAL OF CANADA
Third Party
REASONS FOR JUDGMENT
LÉTOURNEAU J.A.
[1] The applicant complains, by way of this application for judicial review, about the harshness of the penalties imposed on him for some 20 false or misleading statements as a result of which he received unemployment insurance benefits to which he was not entitled. The applicant faults the Umpire for failing to reverse the failure or refusal of the Board of Referees to revise the amount of the penalties, which he had asked the Board to do in his notice of appeal of September 30, 1994.
Page: 2
[2] The decision of the Board of Referees was issued on November 30, 1994. In its decision, the Board upheld the Commission"s decision requiring the applicant to repay the overpayment of benefits. It also affirmed the imposition of penalties, although it did not actually rule on their harshness. The Board was quite right not to revise the quantum of the penalties since at that time, according to the case law of this Court, neither the Board of Referees nor the Umpire could exercise this power, which was conferred on the Commission.1
[3] In any event, by the time the Umpire heard the case in 1997, it was open to him to exercise this power, and in our view he did so in a judicious manner that does not warrant our intervention.
[4] The Umpire"s decision is perhaps not as clear as possible, but we are satisfied that he considered all the aggravating and mitigating circumstances in the record.
[5] The application for judicial review will be dismissed.
Gilles Létourneau
J.A.
Certified true translation
Peter Douglas
| FEDERAL COURT OF APPEAL |
| Date: 19980402 |
| Docket: A-639-97 |
| Between: |
| ALAIN BÉRUBÉ |
| Applicant |
| AND |
| CANADA EMPLOYMENT INSURANCE |
| COMMISSION |
| Respondent |
| AND |
| DEPUTY ATTORNEY GENERAL |
| OF CANADA |
| Third Party |
| REASONS FOR JUDGMENT |
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-639-97
STYLE OF CAUSE: ALAIN BÉRUBÉ
Applicant
AND
CANADA EMPLOYMENT INSURANCE
COMMISSION
Respondent
AND
DEPUTY ATTORNEY GENERAL OF CANADA
Third Party
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: April 2, 1998
REASONS FOR JUDGMENT OF THE COURT (THE HONOURABLE MR. JUSTICE DENAULT, THE HONOURABLE MR. JUSTICE LÉTOURNEAU AND THE HONOURABLE DEPUTY JUSTICE CHEVALIER)
DELIVERED FROM THE BENCH BY: The Honourable Mr. Justice Létourneau
Dated: April 2, 1998
APPEARANCES:
Claudine Barabé for the applicant
Claude Provencher for the respondent and the third party
SOLICITORS OF RECORD:
CAMPEAU, OUELLET, NADON,
BARABÉ ET ASSOCIÉS
Montréal, Quebec for the applicant
George Thomson
Deputy Attorney General of Canada
Ottawa, Ontario for the respondent and the third party
__________________1 Morin v. Canada (Employment and Immigration Commission) , 134 D.L.R. (4th) 724, at p. 728 (F.C.A.).