Date: 20010918
Docket: A-188-00
OTTAWA, Ontario, September 18, 2001
CORAM: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
BETWEEN:
DIANE SIMARD
Plaintiff
and
ATTORNEY GENERAL OF CANADA
Defendant
JUDGMENT
The application for judicial review is dismissed without costs.
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
Date: 20010918
Docket: A-188-00
Neutral citation: 2001 FCA 270
CORAM: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
BETWEEN:
DIANE SIMARD
Plaintiff
and
ATTORNEY GENERAL OF CANADA
Defendant
Hearing held at Montréal, Quebec on September 13, 2001.
Judgment rendered at Ottawa, Ontario on September 18, 2001.
REASONS FOR JUDGMENT BY: DÉCARY J.A.
Date: 20010918
Docket: A-188-00
Neutral citation: 2001 FCA 270
CORAM: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
BETWEEN:
DIANE SIMARD
Plaintiff
and
ATTORNEY GENERAL OF CANADA
Defendant
REASONS FOR JUDGMENT
DÉCARY J.A.
[1] A claim for benefits by the plaintiff was denied by the Canada Employment Insurance Commission on the ground that she had not accumulated sufficient hours of insurable employment during her qualifying period. She was also not permitted to "backdate" on the ground that she did not meet the requirements laid down in s. 10(4) of the Employment Insurance Act. The board of referees, and then the umpire, affirmed the Commission's decision.
[2] To show that she had accumulated the number of hours required by s. 7(5) of the Act, the plaintiff wanted the Court to take into account the hours in which she claimed that she worked and for which she should have been paid, but which are the subject of as yet undecided grievances. It is clear under ss. 5(1) and 7(2) of the Act that such hours cannot be included at this point. The fate of these grievances is of course beyond the jurisdiction of the board of referees, the umpire and this Court. If the grievances are eventually allowed, the Commission can reopen the plaintiff's file, subject to constraints that may result from any statutory prescription.
[3] As regards the application to backdate, s. 10(4) of the Act requires that the claimant show that on the earlier date she suggested she met the conditions for receiving benefits. Here again, since these hours which are still the subject of a grievance cannot at the present time be credited to the plaintiff, she does not meet the conditions laid down and her application to backdate is doomed to failure.
[4] The application for judicial review should therefore be dismissed, but in the circumstances without costs.
I concur in these reasons.
Alice Desjardins, J.A.
I concur.
Marc Noël, 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: A-188-00
STYLE OF CAUSE:
DIANE SIMARD
AND
ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: SEPTEMBER 13, 2001
REASONS FOR JUDGMENT BY: DÉCARY J.A.
CONCURRED IN BY: DESJARDINS J.A.
NOËL J.A.
DATED: SEPTEMBER 18, 2001
APPEARANCES:
Diane Simard FOR HERSELF
Paul Deschênes FOR THE RESPONDENT
SOLICITORS OF RECORD:
Diane Simard FOR HERSELF
Longueuil, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Ottawa, Ontario
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