Date: 19980514
Docket: A-855-97
MONTRÉAL, QUEBEC, THE 14th DAY OF MAY 1998
CORAM: THE HONOURABLE MR. JUSTICE DENAULT
THE HONOURABLE MADAME JUSTICE DESJARDINS
THE HONOURABLE MR. JUSTICE DÉCARY
BETWEEN:
RONALD FORTIN
Applicant-claimant
AND
ATTORNEY GENERAL OF CANADA
-and-
CANADA UNEMPLOYMENT INSURANCE COMMISSION
Respondents
J U D G M E N T
The application for judicial review is dismissed.
Pierre Denault
J.A.
Certified true translation
Peter Douglas
Docket: A-855-97
CORAM: DENAULT J.A.
DESJARDINS J.A.
DÉCARY J.A.
BETWEEN:
RONALD FORTIN
Applicant-claimant
AND
ATTORNEY GENERAL OF CANADA
-and-
CANADA UNEMPLOYMENT INSURANCE COMMISSION
Respondents
Hearing held at Montréal on Thursday, May 14, 1998
Judgment delivered at Montréal on Thursday, May 14, 1998
REASONS FOR JUDGMENT OF THE COURT BY: DENAULT J.A.
Date: 19980514
Docket: A-855-97
CORAM: DENAULT J.A.
DESJARDINS J.A.
DÉCARY J.A.
BETWEEN:
RONALD FORTIN
Applicant-claimant
AND
ATTORNEY GENERAL OF CANADA
-and-
CANADA UNEMPLOYMENT INSURANCE COMMISSION
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal
on Thursday, May 14, 1998)
DENAULT J.A.
[1] The applicant has not satisfied us that we should set aside the decision of Umpire Tremblay-Lamer confirming the decision of the Board of Referees that the claimant had not established that he was available for work.
[2] The fact that he was exercising his right to present a grievance seeking reinstatement in employment from which he was in his view unjustly dismissed did not relieve the applicant from his obligation, if he wanted to receive unemployment insurance benefits, of showing that he was seeking employment and available for work in the meantime. By the applicant"s own admission, this was clearly not established on the evidence.
[3] The application for judicial review must be dismissed.
Pierre Denault
J.A.
MONTRÉAL, QUEBEC
May 14, 1998
Certified true translation
Peter Douglas
FEDERAL COURT OF APPEAL
Date: 19980514
Docket: A-855-97
Between:
RONALD FORTIN
Applicant-claimant
AND
ATTORNEY GENERAL OF CANADA
-and-
CANADA UNEMPLOYMENT INSURANCE
COMMISSION
Respondents
REASONS FOR JUDGMENT
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-855-97
STYLE OF CAUSE: RONALD FORTIN
Applicant-claimant
AND
ATTORNEY GENERAL OF CANADA
-and-
CANADA UNEMPLOYMENT INSURANCE
COMMISSION
Respondents
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: May 14, 1998
REASONS FOR JUDGMENT OF THE COURT (THE HONOURABLE MR. JUSTICE DENAULT, THE HONOURABLE MADAME JUSTICE DESJARDINS AND THE HONOURABLE MR. JUSTICE DÉCARY)
DELIVERED FROM THE BENCH BY: The Honourable Mr. Justice Denault
Dated: May 14, 1998
APPEARANCES:
Ronald Fortin applicant-claimant
| Paul Deschênes for the respondents |
Carole Bureau
- 2 -
SOLICITORS OF RECORD:
George Thomson for the respondents
Deputy Attorney General of Canada
Ottawa, Ontario