Date: 20010201
Docket: A-586-98
CORAM: DESJARDINS J.A.
DÉCARY J.A.
LÉTOURNEAU J.A.
BETWEEN:
BOUVIDARD LTÉE
23 Saint-Jean-Baptiste
Baie St-Paul, Quebec
G0A 1B0
Plaintiff
- AND -
EMPLOYMENT INSURANCE COMMISSION
created pursuant to the Employment Insurance Act
Defendant
Hearing held at Québec, Quebec on Thursday, February 1, 2001.
Judgment from the bench at Québec, Quebec on Thursday, February 1, 2001.
REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A.
Date: 20010201
Docket: A-586-98
Reference: 2001 FCA 1
CORAM: DESJARDINS J.A.
DÉCARY J.A.
LÉTOURNEAU J.A.
BETWEEN:
BOUVIDARD LTÉE
23 Saint-Jean-Baptiste
Baie St-Paul, Quebec
G0A 1B0
Plaintiff
- AND -
EMPLOYMENT INSURANCE COMMISSION
created pursuant to the Employment Insurance Act
Defendant
REASONS FOR JUDGMENT
(Delivered from the bench at Québec, Quebec
on Thursday, February 1, 2001)
DESJARDINS J.A.
[1] This application for judicial review cannot succeed.
[2] The second board of referees was not bound by the decision of the earlier board. It had to consider the evidence before it. The record before the second board of referees contained evidence on which the latter could base its conclusion as it did, without committing an error of principle (Canada (Attorney General) v. McCarthy (F.C.A.), [1994] F.C.A. No. 1158, [1994] 174 N.R. 28).
[3] The umpire accordingly did not err in deciding as he did.
[4] The application for judicial review will therefore be dismissed with costs.
|
Alice Desjardins J.A. |
Québec, Quebec
February 1, 2001
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF APPEAL
Date: 20010201
Docket: A-586-98
Between:
BOUVIDARD LTÉE
23 Saint-Jean-Baptiste
Baie St-Paul, Quebec
G0A 1B0
Plaintiff
- AND -
EMPLOYMENT INSURANCE COMMISSION
created pursuant to the Employment Insurance Act
Defendant
REASONS FOR JUDGMENT
FEDERAL COURT APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE No.: A-586-98
STYLE OF CAUSE: BOUVIDARD LTÉE
23 Saint-Jean-Baptiste
Baie St-Paul, Quebec
G0A 1B0
Plaintiff
- AND -
EMPLOYMENT INSURANCE COMMISSION
created pursuant to the Employment Insurance Act
Defendant
PLACE OF HEARING: Québec, Quebec
DATE OF HEARING: February 1, 2001
REASONS FOR JUDGMENT OF THE COURT BY: Desjardins J.A.
DATED: February 1, 2001
APPEARANCES:
Vital Lévesque for the plaintiff
Suzon Létourneau for the defendant
SOLICITORS OF RECORD:
DesRivières, Vermette & Ass. for the plaintiff
Québec, Quebec
Morris Rosenberg for the defendant
Deputy Attorney General of Canada