Date: 2001030
Docket: A-470-00
Neutral citation: 2001 FCA 326
CORAM: LINDEN J.A.
EVANS J.A.
MALONE J.A.
BETWEEN:
AVTAR SINGH BANWAIT
Applicant
- and -
MARIE GRIGORATUS
(METROPOLITAN TORONTO POLICE)
ATTORNEY GENERAL OF CANADA
Respondents
Heard at Toronto, Ontario, on Monday, October 29, 2001
Judgment delivered at Toronto, Ontario,
on Tuesday, October 30, 2001
REASONS FOR JUDGMENT BY: LINDEN J.A.
CONCURRED IN BY: EVANS J.A.
MALONE J.A.
Date: 20011030
Docket: A-470-00
Neutral citation: 2001 FCA 326
CORAM: LINDEN J.A.
EVANS J.A.
MALONE J.A.
BETWEEN:
AVTAR SINGH BANWAIT
Applicant
- and -
MARIE GRIGORATUS
(METROPOLITAN TORONTO POLICE)
ATTORNEY GENERAL OF CANADA
Respondents
REASONS FOR JUDGMENT
LINDEN J.A.
This is an application for judicial review of a decision of an Umpire dismissing an application for reconsideration dated June 2, 2000 of an earlier decision of his dated December 17, 1999.
Based on the majority decision of Haberman, [2000] F.C.J. No. 1215, the Umpire had no jurisdiction to decide the matter at issue, that is, the calculation of the number of hours worked by the Applicant, which according to sections 90(1)(d) and 122 of the Employment Insurance Act must be decided by an officer of the Department of National Revenue.
As a result, the application will be allowed and the matter will be referred back to the Chief Umpire to order the Commission to refer the matter to the Minister of National Revenue for determination of the number of hours worked by the Applicant prior to June 29, 1998, the date of his claim.
"A. M. Linden"
J.A.
"I agree
John M. Evans"
"I agree
B. Malone"
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-470-00
STYLE OF CAUSE: AVTAR SINGH BANWAIT
Applicant
- and -
MARIE GRIGORATUS
(METROPOLITAN TORONTO POLICE)
ATTORNEY GENERAL OF CANADA
Respondents
DATE OF HEARING: MONDAY, OCTOBER 29, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: LINDEN J.A.
CONCURRED IN BY: EVANS J.A.
MALONE J.A.
DATED: TUESDAY, OCTOBER 30, 2001
APPEARANCES BY: Mr. Avtar Banwait
For the Applicant, on his own behalf
Mr. Derek Edwards
For the Respondents
SOLICITORS OF RECORD: Avtar Singh Banwait
62 Fox Hill Drive
Maple, Ontario
L6A 1K1
For the Applicant, on his own behalf
Morris Rosenberg
Deputy Attorney General of Canada
FEDERAL COURT OF APPEAL
Date: 20011030
Docket: A-470-00
BETWEEN:
AVTAR SINGH BANWAIT
Applicant
- and -
MARIE GRIGORATUS
(METROPOLITAN TORONTO POLICE)
ATTORNEY GENERAL OF CANADA
Respondents
REASONS FOR JUDGMENT
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