Date: 20101118
Docket: A-61-10
Citation: 2010
FCA 311
CORAM: BLAIS C.J.
NOËL
J.A.
PELLETIER J.A.
BETWEEN:
ATTORNEY
GENERAL OF CANADA
Applicant
and
HARVEY BOOTON
Respondent
Heard at Toronto, Ontario, on November
17, 2010.
Judgment delivered at Toronto,
Ontario, on November 18, 2010.
REASONS FOR JUDGMENT BY: NOËL
J.A.
CONCURRED
IN BY: BLAIS
C.J.
PELLETIER
J.A.
Date: 20101118
Docket: A-61-10
Citation: 2010 FCA 311
CORAM: BLAIS
C.J.
NOËL
J.A.
PELLETIER
J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
HARVEY BOOTON
Respondent
REASONS FOR JUDGMENT
NOËL J.A.
[1]
The
application for Judicial Review must be allowed. The Umpire failed to give
effect to paragraph 35(1)(c) of the Employment Insurance Regulations
which incorporates within the definition of “employment” the tenure of an
office as defined in subsection 2(1) of the Canada Pension Plan, which in turn
defines an “office” as meaning inter alia, “…the position of an
individual entitling him to a fixed or ascertainable stipend or remuneration…”.
The Respondent comes squarely within this definition.
[2]
I would
therefore allow the application for judicial review, set aside the decision of
the Umpire and remit the matter to the Chief Umpire or his designate so that it
may be decided again on the basis that the Respondent occupied an employment.
“Marc Noël”
“I
agree.
Pierre Blais C.J.”
“I
agree.
J.D. Denis Pelletier J.A.”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-61-10
(AN APPLICATION
FOR JUDICIAL REVIEW, FROM A DECISION OF THE HONOURABLE MADAM JUSTICE STEVENSON,
SITTING AS UMPIRE (EI ACT), DECISION DATED JANUARY 11, 2010, AS CUB DECISION
#73843.)
STYLE OF CAUSE: ATTORNEY
GENERAL OF CANADA v.
HARVEY BOOTON
PLACE OF HEARING: TORONTO,
ONTARIO
DATE OF HEARING: NOVEMBER 17, 2010
REASONS FOR JUDGMENT BY: NOËL J.A.
CONCURRED IN BY: BLAIS C.J.
PELLETIER J.A.
DATED: NOVEMBER 18, 2010
APPEARANCES:
|
DAVID TORTELL
|
FOR THE APPLICANT
|
|
LORNE
WALDMAN
|
FOR THE RESPONDENT (ON HIS OWN BEHALF)
|
SOLICITORS
OF RECORD:
|
MYLES J. KIRVAN
DEPUTY ATTORNEY GENERAL OF CANADA
TORONTO, ONTARIO
|
FOR THE APPLICANT
|
|
N/A
|
FOR THE RESPONDENT
|
Email this Content