Date: 20020416
Docket: A-419-99
Montréal, Quebec, April 16, 2002
Coram: DÉCARY J.A.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
MARTIN FOURNIER
Plaintiff
and
HUMAN RESOURCES
DEVELOPMENT CANADA
Defendant
JUDGMENT
The application for judicial review is allowed, the decision of the umpire is reversed and the matter is referred back to the chief umpire or an umpire appointed by him to be again decided on the assumption that the appeal brought by the claimant from the board of referees' decision should be allowed. The plaintiff will be entitled to disbursements of $150.
|
|
Robert Décary J.A. |
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
Date: 20020416
Docket: A-420-99
Montréal, Quebec, April 16, 2002
Coram: DÉCARY J.A.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
MARTIN FOURNIER
Plaintiff
and
HUMAN RESOURCES
DEVELOPMENT CANADA
Defendant
JUDGMENT
The application for judicial review is allowed, the decision of the umpire is reversed and the matter is referred back to the chief umpire or an umpire appointed by him to be again decided on the assumption that the appeal brought by the claimant from the board of referees' decision should be allowed.
|
|
Robert Décary J.A. |
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
Date: 20020416
Dockets: A-419-99 / A-420-99
Neutral citation: 2002 FCA 138
CORAM: DÉCARY J.A.
NOËL J.A.
PELLETIER J.A.
Docket: A-419-99
BETWEEN:
MARTIN FOURNIER
Plaintiff
and
HUMAN RESOURCES
DEVELOPMENT CANADA
Defendant
Docket: A-420-99
BETWEEN:
MARTIN FOURNIER
Plaintiff
and
HUMAN RESOURCES
DEVELOPMENT CANADA
Defendant
Hearing held at Montréal, Quebec, April 16, 2002
Judgment from the bench at Montréal, Quebec, April 16, 2002
REASONS FOR JUDGMENT OF THE COURT: DÉCARY J.A.
Date: 20020416
Dockets: A-419-99
A-420-99
Neutral citation: 2002 FCA 138
CORAM: DÉCARY J.A.
NOËL J.A.
PELLETIER J.A.
Docket: A-419-99
BETWEEN:
MARTIN FOURNIER
Plaintiff
and
HUMAN RESOURCES
DEVELOPMENT CANADA
Defendant
Docket: A-420-99
BETWEEN:
MARTIN FOURNIER
Plaintiff
and
HUMAN RESOURCES
DEVELOPMENT CANADA
Defendant
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec
on April 16, 2002.)
DÉCARY J.A.
[1] We consider that these two applications for judicial review should be allowed.
[2] It was alleged that the plaintiff received benefits to which he was not entitled. The evidence was that these benefits were determined without his knowledge, on the basis of cards fraudulently submitted by his ex-spouse, and that the cheques issued by the Employment Insurance Commission ("the Commission") were cashed by the said ex-spouse, again without the plaintiff's knowledge.
[3] As we understand their reasons, a majority of the board of referees and the umpire concluded that since money was paid there was an overpayment, this overpayment had to be repaid and the person who had to make the repayment was the one with whom the Commission was concerned, and hence the plaintiff, since the fraud was perpetrated in connection with his claim for benefits.
[4] That conclusion clearly cannot stand. The plaintiff never alleged he was entitled to benefits during the period at issue. He did not fail to report the earnings received (s. 19(3) of the Employment Insurance Act). He did not receive the benefits. Accordingly, there clearly can be no question of an overpayment within the meaning of the Act so far as he is concerned. (See the recent judgment of this Court on February 5, 2002 in Whitton v. Canada (Attorney General), 2002 FCA 46.)
[5] The applications for judicial review will accordingly be allowed, the decisions of the umpire reversed and the matters referred back to the chief umpire or an umpire appointed by him to be again decided on the assumption that the appeals brought by the claimant from the board of referees' decisions should be allowed.
[6] The plaintiff will be entitled to his disbursements, which the Court sets at $150, but in only one of the cases.
|
|
Robert Décary J.A. |
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
|
|
FEDERAL COURT OF CANADA APPEAL DIVISION
Date: 20020416
Dockets: A-419-99 / A-420-99
Docket: A-419-99 Between: MARTIN FOURNIER
Plaintiff and
HUMAN RESOURCES DEVELOPMENT CANADA
Defendant
Docket: A-420-99 Between: MARTIN FOURNIER
Plaintiff and
HUMAN RESOURCES DEVELOPMENT CANADA
Defendant
REASONS FOR JUDGMENT OF THE COURT
|
FEDERAL COURT OF CANADA
APPEAL DIVISION
SOLICITORS OF RECORD
FILES: A-419-99 and A-420-99
STYLE OF CAUSE: MARTIN FOURNIER
Plaintiff
and
HUMAN RESOURCES
DEVELOPMENT CANADA
Defendant
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: April 16, 2002
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
CONCURRED IN BY: NOËL J.A.
PELLETIER J.A.
DATED: April 16, 2002
APPEARANCES:
Martin Fournir FOR THE PLAINTIFF
Paul Deschênes FOR THE DEFENDANT
SOLICITORS OF RECORD:
Morris Rosenberg FOR THE DEFENDANT
Deputy Attorney General of Canada
Montréal, Quebec