Date: 20020227
Docket: A-259-01
Neutral citation: 2002 FCA 78
EVANS J.A.
BETWEEN:
GARY MARSHALL
Applicant
- and -
THE ATTORNEY GENERAL OF CANADA
THE MINISTER OF HUMAN RESOURCES DEVELOPMENT CANADA
Respondent
Heard at Toronto, Ontario, on February 27, 2002
Judgment delivered from the Bench at Toronto, Ontario on February 27, 2002
REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A.
Date: 20020227
Docket: A-259-01
Neutral citation: 2002 FCA 78
EVANS. J.A.
BETWEEN:
GARY MARSHALL
Applicant
- and -
THE ATTORNEY GENERAL OF CANADA
THE MINISTER OF HUMAN RESOURCES DEVELOPMENT CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Wednesday, February 27, 2002)
[1] The Applicant has made a very articulate argument but his application must be dismissed. The Applicant did not appear at the Board of Referees to refute evidence obtained by the Commission from his employer. Had he done so he might have been able to demonstrate that he had just cause for leaving his employment. In any event, by reason of his suing and recovering severance pay, he would not be entitled to employment insurance benefits.
[2] The application will be dismissed.
"Marshall Rothstein"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-259-01
STYLE OF CAUSE: GARY MARSHALL
Applicant
- and -
THE ATTORNEY GENERAL OF CANADA
THE MINISTER OF HUMAN RESOURCES DEVELOPMENT CANADA
Respondent
DATE OF HEARING: WEDNESDAY, FEBRUARY 27, 2002
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: ROTHSTEIN J.A.
DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON WEDNESDAY, FEBRUARY 27, 2002.
APPEARANCES BY: Gary Marshall
For the Applicant, on his own behalf
Derek Edwards
For the Respondent
SOLICITORS OF RECORD: Gary Marshall
8 Langwith Court
Brampton, Ontario
L6Y 1Z8
For the Applicant, on his own behalf
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF APPEAL
Date: 20020227
Docket: A-259-01
BETWEEN:
GARY MARSHALL
Applicant
- and -
THE ATTORNEY GENERAL OF CANADA
THE MINISTER OF HUMAN RESOURCES DEVELOPMENT CANADA
Respondent
REASONS FOR JUDGMENT
OF THE COURT