Date: 19980612
CORAM: MARCEAU J.A.
DÉCARY J.A.
LÉTOURNEAU J.A.
Docket: A-839-97
BETWEEN:
CHRISTIAN BÉLANGER
Applicant
- and -
CANADA EMPLOYMENT INSURANCE
COMMISSION
Respondent
- and -
DEPUTY ATTORNEY GENERAL OF CANADA
Docket: A-840-97
BETWEEN:
CHRISTIAN BÉLANGER
Applicant
- and -
CANADA EMPLOYMENT INSURANCE
COMMISSION
Respondent
- and -
DEPUTY ATTORNEY GENERAL OF CANADA
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec
on Friday, June 12, 1998)
MARCEAU J.A.
[1] Despite the efforts of counsel for the applicant and the quality of her presentation, we are of the view that these applications for review of the Umpire"s dual decision must fail.
[2] The dispute is purely over the assessment by the Board of Referees"whose decision was simply upheld by the Umpire"of the lengthy oral evidence which was presented before it in addition to the many documents already in the record. Indeed counsel referred to facts the significance of which should have had greater impact on the reaction of the members of the Board, and to statements by witnesses"the applicant in particular"which could have been given greater credit. However, she was unable to point to evidence which was completely overlooked or was assessed in a totally arbitrary manner. It is clear, in our view, that it was reasonable, on the record as a whole, for the Board to have made the finding which it made, and this is enough to make its decision unassailable before the Umpire, and a fortiori before us.
[3] Counsel thought she should present the alternative argument that the claimant would be unable to invoke the exception in section 43 of the Regulations only during the three months in which his business was engaged in sales. Even if it were acceptable to draw such a dividing line in time"which we doubt because then all seasonal business cases would have to be re-examined"we are not of the view that this could be done in the case before us, it in fact having never been presented with such a potential argument in mind.
[4] Both applications for review will therefore be dismissed.
Louis Marceau
J.A.
Certified true translation
Peter Douglas
Date: 19980612
CORAM: MARCEAU J.A.
DÉCARY J.A.
LÉTOURNEAU J.A.
Docket: A-839-97
BETWEEN:
CHRISTIAN BÉLANGER
Applicant
- and -
CANADA EMPLOYMENT INSURANCE
COMMISSION
Respondent
- and -
DEPUTY ATTORNEY GENERAL OF CANADA
Docket: A-840-97
BETWEEN:
CHRISTIAN BÉLANGER
Applicant
- and -
CANADA EMPLOYMENT INSURANCE
COMMISSION
Respondent
- and -
DEPUTY ATTORNEY GENERAL OF CANADA
Hearing held at Montréal, Quebec on Friday, June 12, 1998.
Judgment delivered from the bench on Friday, June 12, 1998.
REASONS FOR JUDGMENT OF THE COURT
DELIVERED BY: MARCEAU J.A.
FEDERAL COURT OF APPEAL
Date: 19980612
Docket: A-839-97
BETWEEN:
CHRISTIAN BÉLANGER
Applicant
- and -
CANADA EMPLOYMENT INSURANCE
COMMISSION
Respondent
- and -
DEPUTY ATTORNEY GENERAL OF CANADA
Docket: A-840-97
BETWEEN:
CHRISTIAN BÉLANGER
Applicant
- and -
CANADA EMPLOYMENT INSURANCE
COMMISSION
Respondent
- and -
DEPUTY ATTORNEY GENERAL OF CANADA
REASONS FOR JUDGMENT
OF THE COURT
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-839-97
A-840-97
STYLE OF CAUSE: Christian Bélanger v. Canada Employment
Insurance Commission
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: June 12, 1998
REASONS FOR JUDGMENT OF THE COURT BY: (Marceau, Décary, Létourneau,
JJ.A.)
DELIVERED FROM THE BENCH BY: Marceau J.A.
APPEARANCES:
Claudine Barabé for the applicant
Carole Bureau for the respondent
SOLICITORS OF RECORD:
Campeau, Ouellet, Nadon, Barabé, Cyr,
De Merchant, Bernstein, Cousineau, Heap, Palardy
Montréal, Quebec for the applicant
George Thomson
Deputy Attorney General of Canada for the respondent
Ottawa, Ontario
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