Date: 20130507
Docket: A-315-12
Citation: 2013 FCA 125
CORAM: NOËL
J.A.
NADON J.A.
PELLETIER
J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
and
CLAUDETTE RAYMOND
Respondent
Heard at Montréal, Quebec, on May 7,
2013.
Judgement delivered from the bench at Montréal, Qu ebec, on May 7, 2013.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL
J.A.
Date: 20130507
Docket: A-315-12
Citation: 2013 FCA 125
CORAM: NOËL
J.A.
NADON J.A.
PELLETIER
J.A.
BETWEEN:
THE ATTORNEY GENERAL OF
CANADA
Applicant
and
CLAUDETTE RAYMOND
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Qu ebec, on May 7, 2013)
NOËL J.A.
[1]
Notwithstanding
Mr. Deschênes’s excellent arguments, we have been unable to find any error
that would justify this Court’s intervention.
[2]
Given the wording of
the settlement and the fact that none of the proceedings abandoned by the claimant
would have given rise to an allocable payment had they been successful, it was
open to the Umpire, and the Board of Referees before him, to find that the
amount received by the claimant was not allocable under the Employment
Insurance Regulations, SOR/96‑332, even in the absence of a breakdown.
[3]
The application for
judicial review will be dismissed with costs.
“Marc Noël”
Certified true translation
Erich Klein
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-315-12
STYLE OF CAUSE: The
Attorney General of Canada v.
Claudette Raymond
PLACE OF HEARING: Montréal,
Quebec
DATE OF HEARING: May 7,
2013
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
NADON J.A.
PELLETIER
J.A.
DELIVERED FROM THE BENCH BY: NOËL J.A.
APPEARANCES:
|
Véronique
Forest
Paul Deschênes
|
FOR THE
APPLICANT
|
|
Hans Marotte
|
FOR THE
RESPONDENT
|
SOLICITORS
OF RECORD:
|
William F.
Pentney
Deputy
Attorney General of Canada
Ottawa,
Ontario
|
FOR THE APPLICANT
|
|
Hans Marotte
Montréal,
Quebec
|
FOR THE
RESPONDENT
|
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