Date: 19971209
File: A-873-96
QUÉBEC, QUEBEC, THIS 9th DAY OF DECEMBER 1997
Coram: THE HONOURABLE MR. JUSTICE DENAULT
THE HONOURABLE MADAME JUSTICE DESJARDINS
THE HONOURABLE MR. JUSTICE LÉTOURNEAU
Between:
YVAN NOLIN, domiciled and residing at 1223 rue François
Treffle in Charlesbourg, district of Québec, G2L 2N7,
Applicant,
And:
CANADA EMPLOYMENT AND IMMIGRATION COMMISSION,
having an office at 3333 avenue du Carrefour, suite 54,
Beauport, Quebec, district of Québec, G1C 7M7,
Respondent.
JUDGMENT
The application for judicial review is dismissed.
Pierre Denault
J.A.
Certified true translation
C. Delon, LL.L.
Date: 19971209
File: A-873-96
Coram: DENAULT J.A.
DENAULT J.A.
LÉTOURNEAU J.A.
Between:
YVAN NOLIN, domiciled and residing at 1223 rue François
Treffle in Charlesbourg, district of Québec, G2L 2N7,
Applicant,
And:
CANADA EMPLOYMENT AND IMMIGRATION COMMISSION,
having an office at 3333 avenue du Carrefour, suite 54,
Beauport, Quebec, district of Québec, G1C 7M7,
Respondent.
Hearing held at Québec, Quebec, on Tuesday, December 9, 1997
Judgment delivered at Québec, Quebec, on Tuesday, December 9, 1997
REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A.
Date: 19971209
File: A-873-96
Coram: DENAULT J.A.
DENAULT J.A.
LÉTOURNEAU J.A.
Between:
YVAN NOLIN, domiciled and residing at 1223 rue François
Treffle in Charlesbourg, district of Québec, G2L 2N7,
Applicant,
And:
CANADA EMPLOYMENT AND IMMIGRATION COMMISSION,
having an office at 3333 avenue du Carrefour, suite 54,
Beauport, Quebec, district of Québec, G1C 7M7,
Respondent.
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Québec, Quebec,
on Tuesday, December 9, 1997)
LÉTOURNEAU J.A.
[1] We are of the opinion that this application for judicial review must be dismissed.
[2] The applicant has not satisfied us that the Umpire made any error in analyzing the law and the evidence that apply to the issues before him such as would warrant our intervention.
[3] In this Court, the applicant contended that the Umpire exceeded his jurisdiction and gave judgment ultra petita in disposing of the question of eligibility for unemployment insurance benefits (whether unemployed or on vacation) and the legality of the penalties imposed on him, when the only question before him was the power of the board of referees to order that the decision be referred back to the Commission for reconsideration.
[4] The applicant's argument ignores the fact that there was also a second appeal before the Umpire from a second decision of the board of referees involving the same parties, which dealt with both of these substantive questions. The applicant had a full opportunity to be heard before both the board of referees and the Umpire on the core issue, which was clearly defined by the parties.
[5] At the end of the two appeals before him, the umpire disposed of the issues on the merits the appeal from the first decision of the board of referees, concerning the power of the board of referees to refer a case back to the Commission, rather than in the appeal from the second decision of the board of referees, which dealt with those substantive issues.
[6] Even though it might have been technically preferable for the umpire to have made his decision on the merits in the second appeal rather than the first, we are of the opinion that there was no prejudice to the applicant, since both appeals were before the umpire and he also had to dispose of the decision of the board of referees involving the applicant's eligibility for benefits and the penalties imposed on him, as the applicant was asking him to do.
[7] For these reasons, the application for judicial review will be dismissed.
Gilles Létourneau
J.A.
Certified true translation
C. Delon, LL.L.
FEDERAL COURT OF CANADA
File: A-873-96
Between:
YVAN NOLIN,
Applicant,
And:
CANADA EMPLOYMENT AND
IMMIGRATION COMMISSION,
Respondent.
REASONS FOR JUDGMENT OF THE COURT
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: A-873-96
STYLE OF CAUSE: YVAN NOLIN,
Applicant,
And:
| CANADA EMPLOYMENT AND IMMIGRATION COMMISSION, |
Respondent.
PLACE OF HEARING: Quebec, Quebec
REASONS FOR JUDGMENT
OF THE COURT BY: The Honourable Mr. Justice Denault
The Honourable Madame Justice Desjardins
The Honourable Mr. Justice Létourneau
DATED: December 9, 1997
APPEARANCES:
Pierre Giroux For the applicant
Claude Provencher For the respondent
SOLICITORS OF RECORD:
TREMBLAY, BOIS, MIGNAULT ET LEMAY
1195 av Lavigerie, suite 300
Ste-Foy, Quebec G1V 4N3 For the applicant
DEPARTMENT OF JUSTICE
Complexe Guy Favreau
200 René-Lévesque Blvd. W.
East Tower, 9th floor
Montréal, Quebec H2Z 1X4 For the respondent
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