Date: 19980330
Docket: A-168-97
CORAM: STONE, J.A.
ROBERTSON, J.A.
McDONALD, J.A.
| IN THE MATTER OF THE UNEMPLOYMENT INSURANCE ACT, RSC 1985, C. U-1, AS AMENDED |
| AND IN THE MATTER OF THE DECISION OF THE HONOURABLE W. J. HADDAD, Q.C., UMPIRE, DATED NOVEMBER 6, 1996 AND RECEIVED BY THE APPLICANT ON FEBRUARY 6, 1997, UPHOLDING THE DECISION OF THE BOARD OF REFEREES GIVEN DECEMBER 15, 1994 |
BETWEEN:
ROBERT COX
Applicant
- and -
THE ATTORNEY GENERAL OF CANADA AND
CANADA EMPLOYMENT AND IMMIGRATION COMMISSION
Respondents
Heard at Calgary, Alberta on March 30, 1998.
Judgment delivered at Calgary, Alberta on March 30, 1998.
REASONS FOR JUDGMENT
OF THE COURT BY: STONE, J.A.
Date: 19980330
Docket: A-168-97
CORAM: STONE, J.A.
ROBERTSON, J.A.
McDONALD, J.A.
| IN THE MATTER OF THE UNEMPLOYMENT INSURANCE ACT, RSC 1985, C. U-1, AS AMENDED |
| AND IN THE MATTER OF THE DECISION OF THE HONOURABLE W. J. HADDAD, Q.C., UMPIRE, DATED NOVEMBER 6, 1996 AND RECEIVED BY THE APPLICANT ON FEBRUARY 6, 1997, UPHOLDING THE DECISION OF THE BOARD OF REFEREES GIVEN DECEMBER 15, 1994 |
BETWEEN:
ROBERT COX
Applicant
- and -
THE ATTORNEY GENERAL OF CANADA AND
CANADA EMPLOYMENT AND IMMIGRATION COMMISSION
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Calgary, Alberta,
on Monday, March 30, 1998)
STONE, J.A.:
[1] This is a section 28 application to review and set aside the decision of an Umpire who upheld the decision of the Board of Referees that the applicant knowingly made a number of false or misleading statements contrary to subsection 33 (1) of the Unemployment Insurance Act.
[2] The applicant contends that the Board's decision is flawed because of inconsistency with statements earlier made in it to the effect that as the applicant was not earning any income he believed his negative answers in his bi-weekly cards to the question "Did you work....?" were truthful. Despite this argument the Umpire refused to interfere with the Board's decision.
[3] In our view, decisions such as that of the Board are not to be read "microscopically":
Boulis v. Minister of Manpower and Immigration, [1974] S.C.R. 875, at page 885; Roberts v. Canada [1985] 60 N.R. 389 (F.C.A.). While it is true that the Board did not explicitly condemn the applicant's evidence as not worthy of belief, in our view its refusal to accept his explanations is more than apparent from the unanimous finding at the very end of the decision:
| THE BOARD FINDS...[t]hat the claimant did knowlingly make 24 false or misleading statements in relation to his claim for benefits. |
[4] This was the central finding upon which the Board and the Umpire rested their respective decision. See Roberts, supra, per MacGuigan, J.A. at page 352.
[5] In our view, therefore, no basis has been shown for interfering with the Umpire's decision. The section 28 application will, accordingly, be dismissed.
"A. J. Stone"
J.A.
FEDERAL COURT OF APPEAL
Date: 19980330
Docket: A-168-97
IN THE MATTER OF THE UNEMPLOYMENT INSURANCE ACT, RSC 1985, C. U-1, AS AMENDED
AND IN THE MATTER OF THE DECISION OF THE HONOURABLE W. J. HADDAD, Q.C., UMPIRE, DATED NOVEMBER 6, 1996 AND RECEIVED BY THE APPLICANT ON FEBRUARY 6, 1997, UPHOLDING THE DECISION OF THE BOARD OF REFEREES GIVEN DECEMBER 15, 1994
BETWEEN:
ROBERT COX
Applicant
- and -
THE ATTORNEY GENERAL OF CANADA AND
CANADA EMPLOYMENT AND IMMIGRATION
COMMISSION
Respondent
REASONS FOR JUDGMENT
OF THE COURT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: A-168-97
STYLE OF CAUSE: Robert Cox v. Attorney General
of Canada et al.
PLACE OF HEARING: Calgary, Alberta
DATE OF HEARING: March 30, 1998
REASONS FOR JUDGMENT
OF THE COURT BY: STONE, J.A.
DATED: March 31, 1998
APPEARANCES:
Ms. Judith Shriar for the Applicant
Ms. Erika Bottcher for the Respondents
SOLICITORS OF RECORD:
Field Atkinson Perraton
Calgary, Alberta for the Applicant
George Thomson
Deputy Attorney General
of Canada
Ottawa, Ontario for the Respondents
FEDERAL COURT OF APPEAL
Date: 19980330
Docket: A-168-97
IN THE MATTER OF THE UNEMPLOYMENT INSURANCE ACT, RSC 1985, C. U-1, AS AMENDED
AND IN THE MATTER OF THE DECISION OF THE HONOURABLE W. J. HADDAD, Q.C., UMPIRE, DATED NOVEMBER 6, 1996 AND RECEIVED BY THE APPLICANT ON FEBRUARY 6, 1997, UPHOLDING THE DECISION OF THE BOARD OF REFEREES GIVEN DECEMBER 15, 1994
BETWEEN:
ROBERT COX
Applicant
- and -
THE ATTORNEY GENERAL OF CANADA AND
CANADA EMPLOYMENT AND IMMIGRATION
COMMISSION
Respondent
REASONS FOR JUDGMENT
OF THE COURT