Date: 20010319
Docket: A-811-99
Coram: DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
Between:
ANDRÉ BÉDARD
Plaintiff
AND
THE ATTORNEY GENERAL OF CANADA
Defendant
Hearing held at Montréal, Quebec on Monday, March 19, 2001
Judgment from the bench at Montréal, Quebec on Monday, March 19, 2001
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20010319
Docket: A-811-99
Neutral reference: 2001 FCA 76
Coram: DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
Between:
ANDRÉ BÉDARD
Plaintiff
AND
THE ATTORNEY GENERAL OF CANADA
Defendant
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec
on Monday, March 19, 2001)
NOËL J.A.
[1] The decision of the board of referees, which was affirmed by the umpire, concluded that the appellant had voluntarily left his employment while in the same breath it acknowledged that the departure was due to a misunderstanding.
[2] In our view, the board should in the circumstances have considered the question of whether the appellant left his employment within the meaning of section 29 of the Employment Insurance Act, S.C. 1996, c. 23, and if so, whether that termination of employment was voluntary. Neither the board nor the umpire considered these questions.
[3] Accordingly, the application for judicial review will be allowed with costs, the decision by the umpire will be quashed and the matter will be referred back to the chief umpire or his delegate with directions that the claimant's appeal should be allowed and the matter referred back to the board of referees for re-hearing.
Marc Noël
J.A.
Montréal, Quebec
March 19, 2001
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20010319
Docket: A-811-99
Between:
ANDRÉ BÉDARD
Plaintiff
AND
THE ATTORNEY GENERAL OF CANADA
Defendant
REASONS FOR JUDGMENT OF THE COURT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE: A-811-99
CORAM: DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
STYLE OF CAUSE:
ANDRÉ BÉDARD
Plaintiff
AND
THE ATTORNEY GENERAL OF CANADA
Defendant
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: March 19, 2001
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
DATED: March 19, 2001
APPEARANCES:
François DeVette FOR THE PLAINTIFF
Paul Deschênes FOR THE DEFENDANT
SOLICITORS OF RECORD:
François DeVette FOR THE PLAINTIFF
Montréal, Quebec
Morris Rosenberg FOR THE DEFENDANT
Deputy Attorney General of Canada
Montréal, Quebec
Date: 20010319
Docket: A-811-99
Montréal, Quebec, Monday, March 19, 2001
Coram: DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
Between:
ANDRÉ BÉDARD
Plaintiff
AND
THE ATTORNEY GENERAL OF CANADA
Defendant
JUDGMENT
The application for judicial review is allowed with costs, the decision of the umpire is quashed and the matter is referred back to the chief umpire or his delegate to be again decided on the basis that the claimant's appeal should be allowed and the matter sent to the Board of referees for re-hearing.
|
Robert Décary J.A. |
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.