Date: 20101014
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
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.
Date: 20101014
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)
NADON J.A.
[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.
“M. Nadon”
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:
|
Chantal Labonté
Pauline Leroux
|
FOR THE APPLICANT
|
|
Eugène
Abarrategui
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Myles J. Kirvan
Deputy Attorney General of Canada
|
FOR THE
APPLICANT
|
|
Eugène
Abarrategui
Association des gestionnaires des
établissements de santé et de services sociaux
Longueuil, Quebec
|
FOR THE
RESPONDENT
|
Email this Content