Date: 20011016
Docket: A-196-01
Ottawa, Ontario, October 16, 2001
CORAM: THE HONOURABLE MADAM JUSTICE DESJARDINS
THE HONOURABLE MR. JUSTICE DÉCARY
THE HONOURABLE MR. JUSTICE NOËL
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
- and -
BERTHA LÉVESQUE
Respondent
JUDGMENT
The application for judicial review is allowed, the umpire's decision is set aside and the matter is sent back to the chief umpire or to an umpire appointed by him for a decision on the understanding that the claimant does not fulfill the conditions prescribed in subsection 7(2) of the Act.
Without costs.
Alice Desjardins
J.A.
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
Date: 20011016
Docket: A-196-01
CORAM: DESJARDINS
DÉCARY
NOËL, JJ.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
and
BERTHA LÉVESQUE
Respondent
Hearing held in Ottawa, Ontario, Tuesday, October 16, 2001
Judgment pronounced at the hearing in Ottawa, Ontario, Tuesday, October 16, 2001
REASONS FOR JUDGMENT: DESJARDINS J.A.
Date: 20011016
Docket: A-196-01
Neutral Citation: 2001 FCA 304
CORAM: DESJARDINS
DÉCARY
NOËL, JJ.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
and
BERTHA LÉVESQUE
Respondent
REASONS FOR JUDGMENT
(Pronounced at the hearing Tuesday, October 16, 2001)
DESJARDINS J.A.
[1] We are regretfully of the opinion that this application for judicial review should be allowed.
[2] The claimant accumulated 594 hours of work instead of the 595 hours required by subsection 7(2) of the Employment Insurance Act, S.C. 1996, c. 23. She was short one hour of work in order to fulfill the conditions required by that section if she was to be eligible for unemployment benefits. This requirement of the Act does not allow any discrepancy and provides no discretion. Neither the board of referees nor the umpire could remove the defect from the claim.
[3] The application for judicial review will be allowed, the umpire's decision set aside and the matter sent back to the chief umpire or to an umpire appointed by him for a decision on the understanding that the claimant does not fulfill the conditions prescribed in subsection 7(2) of the Act.
[4] The whole without costs.
"Alice Desjardins"
J.A.
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE NO: A-196-01
STYLE:
THE ATTORNEY GENERAL OF CANADA
and
BERTHA LÉVESQUE
PLACE OF HEARING: OTTAWA, ONTARIO
DATE OF HEARING: OCTOBER 16, 2001
REASONS FOR JUDGMENT OF THE COURT: Desjardins, Décary & Noël, JJ.A.
DATED: OCTOBER 16, 2001
APPEARANCES:
Marie Crowley FOR THE APPLICANT
Bertha Lévesque FOR HERSELF
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario FOR THE APPLICANT
Bertha Lévesque
Casselman, Ontario FOR HERSELF
Email this Content