Date: 20011205
Docket: A-570-00
Neutral citation: 2001 FCA 375
CORAM: STRAYER J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
GERALD R. CASEY
Applicant
and
CANADA EMPLOYMENT INSURANCE COMMISSION
AND DEPUTY ATTORNEY GENERAL OF CANADA
Respondents
Heard at Fredericton, New Brunswick, on December 5, 2001.
Judgment delivered at Fredericton, New Brunswick, on December 5, 2001.
REASONS FOR JUDGMENT OF THE COURT BY: Malone, J.A.
Date: 20011205
Docket: A-570-00
Neutral citation: 2001 FCA 375
CORAM: STRAYER J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
GERALD R. CASEY
Applicant
and
CANADA EMPLOYMENT INSURANCE COMMISSION
AND DEPUTY ATTORNEY GENERAL OF CANADA
Respondents
REASONS FOR JUDGMENT
(Delivered from the Bench at Fredericton, NB, on December 5, 2001)
MALONE J.A.
[1] We are satisfied that Umpire Gobeil ("the Umpire") did not err in overturning the brief decision of the Board of Referees (the "Board") dated November 22, 1999 and substituting his own conclusion. We can find no basis that would permit this Court to intervene. (Boucher v. Canada (Attorney General) 1996 F.C.J. No. 1378 (FCA))
[2] There was evidence before the Board relating to Mr. Casey's course of conduct from which the wilfulness of his admitted misconduct could reasonably be inferred. We recognize that in a previous decision a different Umpire said the opposite, but in our view he was simply wrong on that point.
[3] The Board in this case had before it additional evidence in the form of an expert report which was submitted as evidence that Mr. Casey's misconduct was not wilful. However, as a matter of ordinary logic, that report was not capable of supporting the conclusion that his conduct was not wilful. The report provided general information about the effect of alcohol addiction but expressed no firm opinion about Mr. Casey himself. In these circumstances the Umpire was correct to conclude that the Board based its decision on an erroneous finding of fact that it made in a perverse or capricious manner and without regard to the material before it.
[4] The application will be dismissed with costs.
"B. Malone"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-570-00
STYLE OF CAUSE: GERALD R. CASEY v. CANADA EMPLOYMENT
INSURANCE AND DEPUTY ATTORNEY GENERAL
OF CANADA
PLACE OF HEARING: Fredericton, New Brunswick
DATE OF HEARING: December 5, 2001
REASONS FOR JUDGMENT BY: Malone, J.A.By the Court
DATED: December 5, 2001
APPEARANCES:
Robert Breen FOR THE APPLICANT
Scott McCrossin FOR THE RESPONDENT
SOLICITORS OF RECORD:
Pink Breen Larkin FOR THE APPLICANT
210-1133 Regent Street
Fredericton, New Brunswick
E3B 3Z2
Department of Justice FOR THE RESPONDENT
Atlantic Regional Office
1400-5251 Duke Street
Halifax, NS
B3J 1P3
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