BETWEEN:
THE ATTORNEY GENERAL OF CANADA
and
Hearing held at Montréal, Quebec, on October 14, 2010.
Judgment delivered from the Bench at Montréal, Quebec, on October 14, 2010.
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
Docket: A-64-10
Citation: 2010 FCA 270
CORAM: NADON J.A.
TRUDEL J.A.
MAINVILLE J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
and
GISÈLE BOUCHER DANCAUSE
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montréal, Quebec, on October 14, 2010)
[1] We are of the view that the amount of $26,451 received by the respondent was paid to her because of the severance of her employment relationship.
[2] Furthermore, in light of the evidence, we are satisfied that there was a sufficient connection between the respondent’s employment and the amount of $26,451 and, consequently, that said amount constituted earnings within the meaning of section 35 of the Employment Insurance Regulations. The respondent has not persuaded us that the amount of $26,451 represents anything other than earnings. In these circumstances, the Umpire should have intervened to correct the error of the Board of Referees.
[3] For these reasons, the application for judicial review will be allowed, the Umpire’s decision (CUB 738291) will be set aside and the matter will be referred back to the Chief Umpire or his designate for redetermination on the basis that the amount of $26,451 constitutes earnings within the meaning of section 35 of the Employment Insurance Regulations and must be allocated in accordance with subsection 36(9) of the Regulations. Without costs.
Certified true translation
Michael Palles
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-64-10
STYLE OF CAUSE: A.G.C. v. GISÈLE BOUCHER DANCAUSE
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: October 14, 2010
REASONS FOR JUDGMENT OF THE COURT BY: NADON, TRUDEL and MAINVILLE JJ.A.
DELIVERED FROM THE BENCH BY: NADON J.A.
APPEARANCES:
Pauline Leroux
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FOR THE APPLICANT
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
Deputy Attorney General of Canada
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FOR THE APPLICANT
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Association des gestionnaires des établissements de santé et de services sociaux Longueuil, Quebec |
FOR THE RESPONDENT
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