A-489-96
MONTRÉAL, QUEBEC, THE 26TH DAY OF MAY, 1997
CORAM: THE HONOURABLE MR. JUSTICE HUGESSEN
THE HONOURABLE MR. JUSTICE DENAULT
THE HONOURABLE MR. JUSTICE MacGUIGAN
BETWEEN: THE ATTORNEY GENERAL OF CANADA,
Applicant
AND:
CHANTAL DESCHAMPS,
Respondent
J U D G M E N T
The application is allowed, the umpire"s decision is set aside, and the matter is referred back to an umpire to be appointed by the chief umpire for redetermination on the presumption that the claimant"s appeal should be dismissed.
| James K. Hugessen |
| J.A. |
Certified true translation
Christiane Delon
A-489-96
CORAM: HUGESSEN
DENAULT
MacGUIGAN, JJ.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA,
Applicant
AND:
CHANTAL DESCHAMPS,
Respondent
Hearing held in Montréal,
Wednesday, May 26, 1997
Judgment rendered in Montréal,
Wednesday, May 26, 1997
REASONS FOR JUDGMENT OF THE COURT BY: HUGESSEN, J.A.
A-489-96
CORAM: THE HONOURABLE MR. JUSTICE HUGESSEN
THE HONOURABLE MR. JUSTICE DENAULT
THE HONOURABLE MR. JUSTICE MacGUIGAN
BETWEEN:
THE ATTORNEY GENERAL OF CANADA,
Applicant
AND:
CHANTAL DESCHAMPS,
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Pronounced at the hearing in Montréal,
Wednesday, May 26, 1997)
HUGESSEN, J.A.
The respondent was compensated in the amount of $135,000 pursuant to the settlement of a grievance she had filed against her old employer, the UQAM. A term employee, she had applied for a new job that was to begin immediately after the previous one had ended. This new job was unfairly denied to her. Her grievance, her entitlement to arbitration, the arbitral award and the eventual settlement of the dispute were all based on the collective agreement and her status as an employee. In these circumstances, the umpire was wrong in ruling as follows:
| [Translation] |
| Ms. Deschamps neither claimed nor received under the contract of employment she had had in 1988, which had a one-year term. |
| The $135,000 in damages were awarded to the victim of an injustice committed by the university, and not by an employer to its employee. |
We are all of the opinion that the portion of the $135,000 that could reasonably, in accordance with the evidence, be considered by the board of referees as representing compensation equivalent to two years" salary constituted earnings within the meaning of section 57 of the Regulations and was correctly allocated by the Commission under section 58.
The application will be allowed, the umpire"s decision will be set aside, and the matter will be referred back to an umpire to be appointed by the chief umpire for redetermination on the presumption that the claimant"s appeal should be dismissed.
| James K. Hugessen |
| J.A. |
Certified true translation
Christiane Delon
FEDERAL COURT OF APPEAL
A-489-96
BETWEEN:
THE ATTORNEY GENERAL OF CANADA,
Applicant
AND:
CHANTAL DESCHAMPS,
Respondent
REASONS FOR JUDGMENT OF THE COURT
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| FILE NO. A-489-96 |
| STYLE: ATTORNEY GENERAL OF CANADA |
Applicant
| AND: |
| CHANTAL DESCHAMPS |
Respondent
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: May 26, 1997 |
REASONS FOR JUDGMENT OF THE COURT (HUGESSEN, DENAULT AND MacGUIGAN, JJ.A.)
READ FROM THE BENCH BY: Hugessen, J.A.
| Dated: May 26, 1997 |
APPEARANCES:
| Dominique Gagné for the applicant |
| René Martel for the respondent |
SOLICITORS OF RECORD:
George Thomson
Deputy Attorney General
of Canada
| Ottawa, Ontario for the applicant |
Cleary Martel
| Montréal, Quebec for the respondent |