Date: 19990225
Docket: A-277-98
Coram:
DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
Between:
YVON GUITARD
Applicant
AND
CANADA EMPLOYMENT INSURANCE COMMISSION
-and-
DEPUTY ATTORNEY GENERAL OF CANADA
Respondents
Hearing held at Montréal, Quebec on Thursday, February 25, 1999.
Judgment delivered at Montréal, Quebec on Thursday, February 25, 1999.
REASONS FOR JUDGMENT BY: NOËL J.A.
Date: 19990225
Docket: A-277-98
Coram: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
Between:
YVON GUITARD
Applicant
AND
CANADA EMPLOYMENT INSURANCE COMMISSION
-and-
DEPUTY ATTORNEY GENERAL OF CANADA
Respondents
REASONS FOR JUDGMENT
NOËL J.A.
[1] We are of the view that the application for judicial review must be allowed in part.
[2] The board of referees drew conclusions of fact from the evidence before it. Without the transcript of this evidence, the umpire could not be aware of the evidence on which the board of referees relied, much less find that the evidence could not justify the claimant"s decision to leave his employment. Accordingly, he could not intervene.
[3] With respect to the penalty, the application for judicial review is dismissed.
[4] As success is divided, no costs should be awarded.
Marc Noël
J.A.
Certified true translation
M. Iveson
FEDERAL COURT OF CANADA
Federal Court of Appeal
Date: 19990225
Docket: A-277-98
Between:
YVON GUITARD
Applicant
AND
CANADA EMPLOYMENT INSURANCE
COMMISSION
-and-
DEPUTY ATTORNEY GENERAL OF CANADA
Respondents
REASONS FOR JUDGMENT
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-277-98
STYLE OF CAUSE: YVON GUITARD
Applicant
AND
CANADA EMPLOYMENT INSURANCE COMMISSION
-and-
DEPUTY ATTORNEY GENERAL OF CANADA
Respondents
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: February 25, 1999
REASONS FOR DECISION OF THE COURT (THE HONOURABLE MADAME JUSTICE DESJARDINS, THE HONOURABLE MR. JUSTICE LÉTOURNEAU AND THE HONOURABLE MR. JUSTICE NOËL)
DELIVERED FROM THE BENCH BY: Noël J.A.
DATED: February 25, 1999
APPEARANCES: Claudine Barabé for the applicant
Carole Bureau for the respondents
SOLICITORS OF RECORD:
CAMPEAU, OUELLET & ASSOCIÉS
Montréal, Quebec for the applicant
Morris Rosenberg
Deputy Attorney General of Canada
Montréal, Quebec for the respondents