Date: 19980623
Docket: A-845-97
MONTRÉAL, QUEBEC, THE 23rd DAY OF JUNE 1998
CORAM: THE HONOURABLE MR. JUSTICE DENAULT
THE HONOURABLE MR. JUSTICE DÉCARY
THE HONOURABLE MR. JUSTICE LÉTOURNEAU
BETWEEN:
JEANNOT KENNEY
Applicant
AND
CANADA EMPLOYMENT INSURANCE COMMISSION
-and-
ATTORNEY GENERAL OF CANADA
Respondents
J U D G M E N T
The application for judicial review is dismissed.
Pierre Denault
J.
Certified true translation
Peter Douglas
Date: 19980623
Docket: A-846-97
MONTRÉAL, QUEBEC, THE 23rd DAY OF JUNE 1998
CORAM: THE HONOURABLE MR. JUSTICE DENAULT
THE HONOURABLE MR. JUSTICE DÉCARY
THE HONOURABLE MR. JUSTICE LÉTOURNEAU
BETWEEN:
JEANNOT KENNEY
Applicant
AND
CANADA EMPLOYMENT INSURANCE COMMISSION
-and-
ATTORNEY GENERAL OF CANADA
Respondents
J U D G M E N T
The application for judicial review is dismissed.
Pierre Denault
J.
Certified true translation
Peter Douglas
Date: 19980623
Docket: A-847-97
MONTRÉAL, QUEBEC, THE 23rd DAY OF JUNE 1998
CORAM: THE HONOURABLE MR. JUSTICE DENAULT
THE HONOURABLE MR. JUSTICE DÉCARY
THE HONOURABLE MR. JUSTICE LÉTOURNEAU
BETWEEN:
JEANNOT KENNEY
Applicant
AND
CANADA EMPLOYMENT INSURANCE COMMISSION
-and-
ATTORNEY GENERAL OF CANADA
Respondents
J U D G M E N T
The application for judicial review is dismissed.
Pierre Denault
J.
Certified true translation
Peter Douglas
Date: 19980623
Docket: A-857-97
MONTRÉAL, QUEBEC, THE 23rd DAY OF JUNE 1998
CORAM: THE HONOURABLE MR. JUSTICE DENAULT
THE HONOURABLE MR. JUSTICE DÉCARY
THE HONOURABLE MR. JUSTICE LÉTOURNEAU
BETWEEN:
MARC PELLETIER
Applicant
AND
CANADA EMPLOYMENT INSURANCE COMMISSION
-and-
ATTORNEY GENERAL OF CANADA
Respondents
J U D G M E N T
The application for judicial review is dismissed.
Pierre Denault
J.
Certified true translation
Peter Douglas
Date: 19980623
Docket: A-858-97
MONTRÉAL, QUEBEC, THE 23rd DAY OF JUNE 1998
CORAM: THE HONOURABLE MR. JUSTICE DENAULT
THE HONOURABLE MR. JUSTICE DÉCARY
THE HONOURABLE MR. JUSTICE LÉTOURNEAU
BETWEEN:
MARC PELLETIER
Applicant
AND
CANADA EMPLOYMENT INSURANCE COMMISSION
-and-
ATTORNEY GENERAL OF CANADA
Respondents
J U D G M E N T
The application for judicial review is dismissed.
Pierre Denault
J.
Certified true translation
Peter Douglas
Date: 19980623
Docket: A-845-97
Docket: A-846-97
Docket: A-847-97
Coram: DENAULT J.A.
DÉCARY J.A.
LÉTOURNEAU J.A.
Between:
JEANNOT KENNEY
Applicant
AND
CANADA EMPLOYMENT INSURANCE COMMISSION
-and-
ATTORNEY GENERAL OF CANADA
Respondents
Date: 19980623
Docket: A-857-97
Docket: A-858-97
Between:
MARC PELLETIER
Applicant
AND
CANADA EMPLOYMENT INSURANCE COMMISSION
-and-
ATTORNEY GENERAL OF CANADA
Respondents
Hearing held at Montréal, Quebec on Tuesday, June 23, 1998.
Judgment delivered at Montréal, Quebec on Tuesday, June 23, 1998.
REASONS FOR JUDGMENT BY: DÉCARY J.A.
Date: 19980623
Docket: A-845-97
Docket: A-846-97
Docket: A-847-97
Coram: DENAULT J.A.
DÉCARY J.A.
LÉTOURNEAU J.A.
Between:
JEANNOT KENNEY
Applicant
AND
CANADA EMPLOYMENT INSURANCE COMMISSION
-and-
ATTORNEY GENERAL OF CANADA
Respondents
Date: 19980623
Docket: A-857-97
Docket: A-858-97
Between:
MARC PELLETIER
Applicant
AND
CANADA EMPLOYMENT INSURANCE COMMISSION
-and-
ATTORNEY GENERAL OF CANADA
Respondents
REASONS FOR JUDGMENT
(Delivered from the bench at Montréal
on Tuesday, June 23, 1998)
DÉCARY J.A.
[1] We are of the view that these applications for judicial review, which have been joined for the purposes of the hearing and reasons for judgment, cannot succeed.
[2] The applicants raised four arguments.
[3] The first argument concerns the alleged lack of notification of the amount of the overpayment. As this argument was not raised before the Board of Referees, it could not be raised before the Umpire or before this Court.
[4] The second argument concerns the Umpire's refusal to recommend to the Commission that it write off the penalty and the overpayment. The Umpire could not have erred in law in this regard as it is settled law that writing-off is a matter within the power of the Commission. At most, the Umpire might have expressed some wishful thinking; he did not err by not doing so.
[5] The third argument concerns the quantum of the penalties imposed. The Board of Referees is alleged to have allowed the Commission to blindly follow its internal policies and disregard the mitigating circumstances. This allegation is unfounded. The penalties imposed by the Commission are not all of the same severity, and this implies that the Commission considered them case by case: the Board of Referees could therefore not interfere. Furthermore, the utterly overwhelming circumstances of these cases speak for themselves.
[6] The fourth argument is based on principles of natural justice. It cannot be accepted for the following reasons.
[7] First, a party who is slow to retain counsel is not entitled to an adjournment on that account alone. (See Krebs v. M.N.R., [1978] 1 F.C. 205 (C.A.).)
[8] Second, the Umpire's refusal to allow the transcript of the hearing before the Board of Referees held thirty months earlier to be filed after the case was taken under reserve cannot be regarded as a breach of the rules of natural justice. There is nothing to suggest that the record as it was reconstructed was insufficient to allow the Umpire to exercise his jurisdiction properly. (See Canadian Union of Public Employees, Local 301 v. Montreal (City), [1997] 1 S.C.R. 793, 841.)
[9] The applications for judicial review will be dismissed.
Robert Décary
J.A.
MONTRÉAL, QUEBEC
June 23, 1998
Certified true translation
Peter Douglas
FEDERAL COURT OF APPEAL
Date: 19980623
Docket: A-845-97
Docket: A-846-97
Docket: A-847-97
Between:
JEANNOT KENNEY
Applicant
AND
CANADA EMPLOYMENT INSURANCE
COMMISSION
-and-
ATTORNEY GENERAL OF CANADA
Respondents
REASONS FOR JUDGMENT
FEDERAL COURT OF CANADA
COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: A-845-97
A-846-97
A-847-97
STYLE OF CAUSE: JEANNOT KENNEY
Applicant
AND:
CANADA EMPLOYMENT INSURANCE COMMISSION
-and-
ATTORNEY GENERAL OF CANADA
Respondents
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: June 23, 1998
REASONS FOR JUDGMENT OF THE COURT (DENAULT, DÉCARY AND LÉTOURNEAU JJ.A.)
DELIVERED FROM THE BENCH BY: The Honourable Mr. Justice Décary
Dated: June 23, 1998
APPEARANCES:
Marie Pépin for the applicant
Claude Provencher for the respondents
SOLICITORS OF RECORD:
SAUVÉ & RAY for the applicant
(Avocats (Service juridique CSN)
Montréal, Quebec
George Thomson for the respondents
Deputy Attorney General
of Canada
Ottawa, Ontario
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