Date: 20020212
Docket: A-595-00
Montréal, Quebec, February 12, 2002
Coram: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
BETWEEN:
GILBERT MERCIER
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
JUDGMENT
The application for judicial review is allowed with costs, the decision of the umpire reversed and the matter is referred back to the chief umpire or to an umpire designated by him to be again decided on the basis that the appeal brought by the Commission from the board of referees' decision should be dismissed.
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Alice Desjardins
J.A.
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Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L
Date: 20020212
Docket: A-595-00
Neutral reference: 2002 FCA 63
CORAM: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
BETWEEN:
GILBERT MERCIER
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Hearing held at Montréal, Quebec on February 12, 2002
Judgment from the bench at Montréal, Quebec on February 12, 2002
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
Date: 20020212
Docket: A-595-00
Neutral reference: 2002 FCA 63
CORAM: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
BETWEEN:
GILBERT MERCIER
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec
on February 12, 2002)
DÉCARY J.A.
[1] We consider that the evidence in the record allowed the board of referees to conclude that the Employment Insurance Commission ("the Commission") was not able to establish the scheduled date for return to work and so to find that the ineligibility resulting from s. 36(1) of the Employment Insurance Act was inapplicable to casual employees. The umpire therefore had no reason to substitute his own finding of fact for that of the board.
[2] This application for judicial review will be allowed with costs, the decision of the umpire reversed 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 brought by the Commission from the board of referees' decision should be dismissed.
[3] It was agreed that the fate of this case would determine that of cases A-593-00 (Gatien Dugal and the Attorney General of Canada), A-594-00 (Laurier Mercier and the Attorney General of Canada), A-596-00 (Paul-Émile Huard and the Attorney General of Canada), A-597-00 (Adrien Moreau and the Attorney General of Canada) and A-599-00 (Guy Blais and the Attorney General of Canada). A copy of these reasons will accordingly be included in each of the said cases to have effect as reasons in support of the judgments rendered in each one, except that costs will only be awarded to the applicant in the case at bar.
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Robert Décary
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: 20020212
Docket: A-595-00
Between:
GILBERT MERCIER
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
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FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE: A-595-00
CORAM: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
STYLE OF CAUSE: GILBERT MERCIER
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: February 12, 2002
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
DATED: February 12, 2002
APPEARANCES:
Jean-Guy Ouellet FOR THE APPLICANT
Paul Deschênes FOR THE RESPONDENT
SOLICITORS OF RECORD:
Ouellet, Nadon & Associés FOR THE APPLICANT
Montréal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Montréal, Quebec
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