Date: 20060202
Docket: A-379-05
Citation: 2006 FCA
43
CORAM: LÉTOURNEAU J.A.
NOËL J.A.
NADON J.A.
BETWEEN:
MARTHE
THIBAULT
Applicant
and
ATTORNEY
GENERAL OF CANADA
Respondent
Hearing held at Québec, Quebec, on January 25, 2006.
Judgment delivered at Ottawa,
Ontario, on February 2, 2006.
REASONS FOR JUDGMENT OF THE COURT:
LÉTOURNEAU J.A.
CONCURRED
IN BY:
NOËL J.A.
NADON J.A.
Date: 20060202
Docket: A-379-05
Citation: 2006 FCA 43
CORAM: LÉTOURNEAU
J.A.
NOËL J.A.
NADON
J.A.
BETWEEN:
MARTHE THIBAULT
Applicant
and
ATTORNEY GENERAL FOR CANADA
Respondent
REASONS FOR JUDGMENT
LÉTOURNEAU J.A.:
[1]
On the
basis of the evidence on record, I am satisfied that the lump-sum paid to the
applicant by her employer was paid on account of a pension within the meaning
of paragraph 35(2)(e) of the Employment Insurance Regulations,
SOR/96-332.
[2]
Accordingly,
the application for judicial review will be allowed without costs, the decision
by the Umpire will be quashed, and the matter returned to the Chief Umpire or
his designate for redetermination, taking into account that the appeal by the
Commission of the decision of the Board of Referees must be dismissed.
[3]
I would
award the applicant her disbursements, which I would assess at $300.
“Gilles
Létourneau”
“I
concur.
Marc Noël J.A.”
“I
concur.
M.
Nadon J.A.”
Certified
true translation
Michael
Palles
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-379-05
STYLE OF CAUSE: MARTHE
THIBAULT v. ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Québec, Quebec
DATE OF HEARING: January 25, 2006
REASONS FOR JUDGMENT BY: Létourneau J.A.
CONCURRED IN BY: Noël J.A.
Nadon J.A.
DATED: February 2, 2006
APPEARANCES:
|
Marthe Thibault
|
REPRESENTING HERSELF
|
|
Carole Bureau/Antoine Lippé
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
|
|
|
John H. Sims, Q.C.
Deputy
Attorney General of Canada
Montréal,
Quebec
|
FOR
THE RESPONDENT
|
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