Date: 20000615
Docket: A-67-98
QUÉBEC, QUEBEC, THE 15th DAY OF JUNE, 2000
CORAM: THE HONOURABLE MADAM JUSTICE DESJARDINS
THE HONOURABLE MR. JUSTICE LÉTOURNEAU
THE HONOURABLE MR. JUSTICE NOËL
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
- AND -
RÉJEAN GAGNÉ
Respondent
JUDGMENT
The application for judicial review is allowed, the decision rendered by the Tax Court of Canada is set aside and the matter is referred back to the Court for redetermination on the assumption that the respondent did not hold an insurable employment within the meaning of paragraph 3(1)(a) of the Unemployment Insurance Act in the period from April 19 to 25, 1996, with costs.
Marc Noël
J.A.
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
Date: 20000615
Docket: A-67-98
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
- AND -
RÉJEAN GAGNÉ
Respondent
Hearing held in Québec, Quebec, Thursday, June 15, 2000
Judgment rendered in Québec, Quebec, Thursday, June 15, 2000
REASONS FOR JUDGMENT BY: NOËL J.A.
Date: 20000615
Docket: A-67-98
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
- AND -
RÉJEAN GAGNÉ
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Pronounced at the hearing in Québec, Quebec,
Thursday, June 15, 2000)
NOËL J.A.
[1] In our opinion, the trial judge had no cause to conclude, from the admissions filed in the record of the Tax Court of Canada, that the employment relationship between the respondent and his employer had not been ended as of April 18, 1996.
[2] The application for judicial review will be allowed, the decision rendered by the Tax Court of Canada set aside and the matter referred back to the Court for redetermination on the assumption that the respondent did not hold an insurable employment during the week of April 19 to 25, 1996, with costs.
Marc Noël
J.A.
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
FEDERAL COURT OF APPEAL
Date: 20000615
Docket: A-67-98
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
- AND -
RÉJEAN GAGNÉ
Respondent
REASONS FOR JUDGMENT
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| FILE NO: A-67-98 |
| STYLE: Attorney General of Canada v. Réjean Gagné |
| PLACE OF HEARING: Québec, Quebec |
| DATE OF HEARING: June 15, 2000 |
REASONS FOR JUDGMENT OF THE COURT: Noël J.A.
DATED: June 15, 2000
APPEARANCES:
Nathalie Lessard for the applicant
Jean Caron for the respondent
SOLICITORS OF RECORD:
Morris Rosenberg for the applicant
Deputy Attorney General of Canada
Roy, Bernard, Caron for the respondent
Montmagny, Quebec