Date: 20030918
Docket: A-547-01
Citation: 2003 FCA 344
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
and
LE CENTRE DE VALORISATION DES PRODUITS MARINS
DE TOURELLE INC.
Respondent
Hearing held at Québec, Quebec, on September 18, 2003.
Judgment from the bench at Québec, Quebec, on September 18, 2003.
REASONS FOR JUDGMENT OF THE COURT: LÉTOURNEAU J.A.
Date: 20030918
Docket: A-547-01
Citation: 2003 FCA 344
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
and
LE CENTRE DE VALORISATION DES PRODUITS MARINS
DE TOURELLE INC.
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Québec, Quebec,
on September 18, 2003)
LÉTOURNEAU J.A.
[1] We consider that this application for judicial review should be allowed. The umpire simply substituted his assessment of the facts and of the credibility of the witnesses, here the employer, for that of the Board of Referees.
[2] He did not have that power. His function is limited "to deciding whether the view of facts taken by the Board of Referees was reasonably open to them on the record": Attorney General of Canada v. McCarthy, 174 N.R. 28 (F.C.A.). In the case at bar, the record contained sufficient evidence for the Board of Referees to arrive at the conclusions which the umpire incorrectly reversed.
[3] The application for judicial review will be allowed with costs, the decision of the umpire set aside and the matter referred back to the chief umpire or to an umpire designated by him to be again decided on the basis that the appeal filed by the respondent from the Board of Referees' decision should be dismissed.
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"Gilles Létourneau"
J.A.
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Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
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FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20030918
Docket: A-547-01
Between:
THE ATTORNEY GENERAL
OF CANADA
Applicant
and
LE CENTRE DE VALORISATION DES PRODUITS MARINS DE TOURELLE INC.
Respondent
REASONS FOR JUDGMENT OF THE COURT
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FEDERAL COURT OF CANADA
APPEAL DIVISION
SOLICITORS OF RECORD
DOCKET: A-547-01
STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA v. LE CENTRE DE VALORISATION DES PRODUITS MARINS DE TOURELLE INC.
PLACE OF HEARING: QUÉBEC, QUEBEC
DATE OF HEARING: September 18, 2003
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
REASONS FOR JUDGMENT OF THE COURT:
DATE OF REASONS:
APPEARANCES:
Carole Bureau FOR THE APPLICANT
Christian Lévesque FOR THE RESPONDENT
SOLICITORS OF RECORD:
Department of Justice - Canada FOR THE APPLICANT
Montréal, Quebec
Christian Lévesque FOR THE RESPONDENT
Tourelle, Quebec
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