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Date: 20081029

Docket: A-350-07

Citation: 2008 FCA 336

 

CORAM:       LINDEN J.A.

                        SEXTON J.A.

                        BLAIS J.A.

 

BETWEEN:

THE ATTORNEY GENERAL OF CANADA

Applicant

and

HOLLY EVANS

Respondent

 

 

 

Heard at Halifax, Nova Scotia, on October 29, 2008.

Judgment delivered from the Bench at Halifax, Nova Scotia, on October 29, 2008.

 

REASONS FOR JUDGMENT OF THE COURT BY:                                                LINDEN J.A.

 


Date: 20081029

Docket: A-350-07

Citation: 2008 FCA 336

 

CORAM:       LINDEN J.A.

                        SEXTON J.A.

                        BLAIS J.A.

 

BETWEEN:

THE ATTORNEY GENERAL OF CANADA

Applicant

and

HOLLY EVANS

Respondent

 

 

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Halifax, Nova Scotia, on October 29, 2008)

LINDEN J.A.

[1]               Despite the excellent argument of counsel for the Crown, in light of the vagueness of the relevant legislative provisions and the lack of clarity in the jurisprudence on the issue, we have not been persuaded that the Umpire made any error that would warrant our intervention.

 

This application will be dismissed.

"A.M. Linden"

J.A.


FEDERAL COURT OF APPEAL

 

NAMES OF COUNSEL AND SOLICITORS OF RECORD

 

 

 

DOCKET:                                                                              A-350-07

 

APPLICATION FOR JUDICIAL REVIEW OF A DECISION OF THE UMPIRE RONALD C. STEVENSON, IN THE MATTER OF THE EMPLOYMENT INSURANCE ACT, S.C. 1996, c. 23, DATED JUNE 18, 2007.

 

STYLE OF CAUSE:                                                              Attorney General of Canada v. HOLLY EVANS

 

 

PLACE OF HEARING:                                                        Halifax, Nova Scotia

 

 

DATE OF HEARING:                                                          October 29, 2008

 

 

REASONS FOR JUDGMENT OF THE COURT BY:       LINDEN, SEXTON, BLAIS JJ.A.

 

DELIVERED FROM THE BENCH BY:                            LINDEN J.A.

 

 

 

APPEARANCES:

 

Korinda MacLaine

FOR THE APPLICANT

 

Holly Evans

FOR THE RESPONDENT

 

 

SOLICITORS OF RECORD:

 

John H. Sims, Q.C.

Deputy Attorney General of Canada

FOR THE APPLICANT

 

 

Self-represented

FOR THE RESPONDENT

 

 

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