Date: 20020618
Docket: A-230-01
Montréal, Quebec, June 18, 2002
Coram: DÉCARY J.A.
NOËLJ.A.
NADONJ.A.
BETWEEN:
MARIO COUTURE
Applicant
and
ATTORNEY GENERAL OF
CANADA
Respondent
JUDGMENT
The application for judicial review is dismissed with costs.
"Robert Décary"
J.A.
Certified true translation
Sophie Debbané, LLB
Date: 20020618
Docket: A-230-01
Neutral Citation: 2002 FCA 264
CORAM: DÉCARY J.A.
NOËLJ.A.
NADONJ.A.
BETWEEN:
MARIO COUTURE
Applicant
and
ATTORNEY GENERAL OF
CANADA
Respondent
Hearing held at Montréal, Quebec, on June 18, 2002.
Judgment delivered from the bench at Montréal, Quebec, on June 18, 2002.
REASONS FOR JUDGMENT OF THE COURT: NADON J.A.
Date: 20020618
Docket: A-230-01
Neutral citation: 2002 FCA 264
CORAM: DÉCARY J.A.
NOËLJ.A.
NADONJ.A.
BETWEEN:
MARIO COUTURE
Applicant
and
ATTORNEY GENERAL OF
CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec,
on June 18, 2002.)
NADONJ.A.
[1] The applicant failed to satisfy us that the Umpire had erred when he stated that he was in agreement with the Board of Referees that, having regard to all of the circumstances, the fact for the applicant to leave his part-time employment with Hudson Bay did not constitute the only reasonable solution within the meaning of section 29 of the Employment Insurance Act, S.C., 1996, c. 23 (the Act).
[2] In light of the decisions by this Court in Canada v. Locke, [1996] 3 F.C. 171 and Estabrooks v. Canada (Attorney General) (1998), 226 N.R. 153, [1998] F.C.J. No. 493, we are of the view that that conclusion was unavoidable.
[3] In Estabrooks, supra, Mr. Justice Stone recognized the severity of the Act in circumstances similar to those in this case and suggested that Parliament revisit the matter. We can only repeat that suggestion to Parliament.
[4] Accordingly, the application for judicial review should be dismissed with costs.
"Marc Nadon"
J.A.
Certified true translation
Sophie Debbané, LLB
FEDERAL COURT OF APPEAL
Date: 20020618
Docket: A-230-01
Between:
MARIO COUTURE
Applicant
and
ATTORNEY GENERAL
OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-230-01
STYLE OF CAUSE: MARIO COUTURE
Applicant
and
ATTORNEY GENERAL
OF CANADA
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: June 18, 2002
REASONS FOR JUDGMENT OF THE COURT: THE HONOURABLE MR. JUSTICE NADON
CONCURRED IN BY: THE HONOURABLE MR. JUSTICE DÉCARY
THE HONOURABLE MR. JUSTICE NOËL
DATE OF REASONS: June 18, 2002
APPEARANCES:
Jean-Guy Ouellet FOR THE APPLICANT
Pauline Leroux FOR THE RESPONDENT
SOLICITORS OF RECORD:
Ouellet, Nadon et associés FOR THE APPLICANT
Montréal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Montréal, Quebec