Date: 20011025
Docket: A-478-00
Montréal, Quebec, October 25, 2001
Coram: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
BETWEEN:
LÉA CARRIÈRE
Plaintiff
and
THE ATTORNEY GENERAL
OF CANADA
Defendant
JUDGMENT
The application for judicial review is allowed, the decision of the umpire is quashed and the matter is referred back to the chief umpire or to an umpire appointed by him for the claimant's appeal to be allowed and the matter referred back to the board of referees for re-hearing.
The whole with costs.
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
Date: 20011025
Dockets: A-476-00
A-478-00
Neutral citation: 2001 FCA 323
CORAM: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
Docket A-476-00
BETWEEN:
LÉA CARRIÈRE
Plaintiff
and
THE ATTORNEY GENERAL
OF CANADA
Defendant
A-478-00
BETWEEN:
LÉA CARRIÈRE
Plaintiff
and
THE ATTORNEY GENERAL
OF CANADA
Defendant
Hearing held at Montréal, Quebec on October 25, 2001
Judgment from the bench at Montréal, Quebec on October 25, 2001
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec
on October 25, 2001)
DÉCARY J.A.
[1] We consider that these applications for judicial review should be allowed.
[2] The Commission cannot reconsider an application for benefits under s. 43(1) of the Unemployment Insurance Act after a thirty-six month delay unless under s. 43(6) it feels that a false or misleading statement was made.
[3] In the case at bar the Commission, in an initial decision, found that there was a false or misleading statement. In a second decision it revised its earlier decision, found the claimant ineligible and sought reimbursement of the overpayment. The claimant appealed both decisions to the board of referees.
[4] The board of referees upheld the two decisions but without dealing with the first in its reasons in any way. It goes without saying that under s. 79(1) of the Act the board of referees could not conclude without explanation that the claimant had made a false or misleading statement.
[5] The applications for judicial review will be allowed with costs, the decisions of the umpire quashed and the cases referred back to the chief umpire or an umpire appointed by him for the claimant's appeals to be allowed and the matters returned to the board of referees for re-hearing.
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20011025
Dockets: A-476-00
A-478-00
Between:
LÉA CARRIÈRE
Plaintiff
and
THE ATTORNEY GENERAL OF CANADA
Defendant
REASONS FOR JUDGMENT OF THE COURT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILES: A-476-00 and A-478-00
STYLE OF CAUSE: LEA CARRIÈRE
Plaintiff
and
THE ATTORNEY GENERAL OF CANADA
Defendant
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: October 25, 2001
REASONS FOR JUDGMENT OF COURT BY: DÉCARY J.A.
DATE: October 25, 2001
APPEARANCES:
Gilbert Nadon FOR THE PLAINTIFF
Paul Deschênes FOR THE DEFENDANT
SOLICITORS OF RECORD:
Ouellet, Nadon & Associés FOR THE PLAINTIFF
Montréal, Quebec
Morris Rosenberg FOR THE DEFENDANT
Deputy Attorney General of Canada
Montréal, Quebec
Date: 20011025
Docket: A-476-00
Montréal, Quebec, October 25, 2001
Coram: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
BETWEEN:
LÉA CARRIÈRE
Plaintiff
and
THE ATTORNEY GENERAL
OF CANADA
Defendant
JUDGMENT
The application for judicial review is allowed, the decision of the umpire is quashed and the matter is referred back to the chief umpire or to an umpire appointed by him for the claimant's appeal to be allowed and the matter referred back to the board of referees for re-hearing.
The whole with costs.
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
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