Date: 20030430
Docket: A-736-01
Québec, Quebec, April 30, 2003
CORAM: DÉCARY J.A.
LÉTOURNEAU J.A.
PELLETIER J.A.
BETWEEN:
YANNICK VÉZINA
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
JUDGMENT
The application for judicial review is dismissed.
"Robert Décary"
J.A.
Certified true translation
Suzanne Gauthier, C.Tr., LL.L.
Date: 20030430
Docket: A-736-01
Neutral Citation: 2003 FCA 198
CORAM: DÉCARY J.A.
LÉTOURNEAU J.A.
PELLETIER J.A.
BETWEEN:
YANNICK VÉZINA
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Hearing held at Québec, Quebec, April 30, 2003.
Judgment delivered at Québec, Quebec, April 30, 2003.
REASONS FOR JUDGMENT: LÉTOURNEAU J.A.
Date: 20030430
Docket: A-736-01
Neutral Citation: 2003 FCA 198
CORAM: DÉCARY J.A.
LÉTOURNEAU J.A.
PELLETIER J.A.
BETWEEN:
YANNICK VÉZINA
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
(Delivered from the bench at Québec, Quebec
April 30, 2003)
LÉTOURNEAU J.A.
[1] Notwithstanding the excellent argument by Mr. Jacob and some errors by the Umpire concerning the factual data in this case, we are satisfied that the Umpire reached the right conclusion as to the applicant's lack of availability for work, in view of the personal restrictions that he imposed at this level as a result of his return to school. As this Court stated in Attorney General of Canada v. Bertrand, A-613-81:
The question of availability is an objective one - whether a claimant is sufficiently available for suitable employment to be entitled to unemployment insurance benefits - and it cannot depend on the particular reasons for the restrictions on availability however these may evoke sympathetic concern. If the contrary were true, availability would be a completely varying requirement depending on the view taken of the particular reasons in each case for the relative lack of it.
[2] The Umpire rightly concluded that the decision of the Board of Referees erred in law concerning the concept of availability and that he was then entitled to intervene.
[3] The application for judicial review will be dismissed.
"Gilles Létourneau"
J.A.
Certified true translation
Suzanne Gauthier, C.Tr., LL.L.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20030430
Docket: A-736-01
Between:
YANNICK VÉZINA
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
FEDERAL COURT OF CANADA
APPEAL DIVISION
SOLICITORS OF RECORD
DOCKET: A-736-01
STYLE: YANNICK VÉZINA
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
PLACE OF HEARING: Québec, Quebec
DATE OF HEARING: April 30, 2003
REASONS FOR JUDGMENT OF THE COURT: Létourneau J.A.
CONCURRING: Décary J.A.
Pelletier J.A.
DATED: April 30, 2003
APPEARANCES:
Marlène Jacob for the applicant
Pauline Leroux for the respondent
SOLICITORS OF RECORD:
PROULX, MÉNARD, MILLARD, CAUX
Québec, Quebec for the applicant
DEPARTMENT OF JUSTICE
Montréal, Quebec for the respondent
Email this Content