Date: 19980205
Docket: A-194-97
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MONTRÉAL, QUEBEC, THE 5th DAY OF FEBRUARY 1998 |
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CORAM: THE HONOURABLE MR. JUSTICE PRATTE |
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THE HONOURABLE MR. JUSTICE DÉCARY |
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THE HONOURABLE DEPUTY JUSTICE CHEVALIER |
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BETWEEN: JOCELYNE VIEL ET AL., |
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The application for judicial review is dismissed. |
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Certified true translation |
Date: 19980206
Docket: A-194-97
Coram: THE HONOURABLE MR. JUSTICE PRATTE
THE HONOURABLE MR. JUSTICE DÉCARY
THE HONOURABLE DEPUTY JUSTICE CHEVALIER
Between: JOCELYNE VIEL ET AL.,
Applicant,
AND:
CANADA EMPLOYMENT AND
IMMIGRATION COMMISSION,
Respondent.
Hearing held at Montréal on Thursday, January 5, 1998
Judgment delivered at Montréal on Thursday, January 5, 1998
REASONS FOR JUDGMENT BY: THE HONOURABLE MR. JUSTICE PRATTE
Date: 19980206
Docket: A-194-97
CORAM: THE HONOURABLE MR. JUSTICE PRATTE
THE HONOURABLE MR. JUSTICE DÉCARY
THE HONOURABLE DEPUTY JUSTICE CHEVALIER
BETWEEN: JOCELYNE VIEL ET AL.,
Applicant,
AND:
CANADA EMPLOYMENT AND
IMMIGRATION COMMISSION,
Respondent.
REASONS FOR JUDGMENT
(Delivered from the bench at Montréal
on Thursday, January 5, 1998)
PRATTE J.A.
[1] The applicant challenges the decision of an Umpire who, in dismissing the appeal of the respondent Commission, determined that the applicant had had an interruption of earnings.
[2] The reason the applicant is challenging a decision in her favour is because the Umpire stated in the reasons for his decision that after the termination of the applicant"s employment on the family farm, she should be considered "self-employed in farming" for the purposes of subsection 57(2) of the Unemployment Insurance Regulations .
[3] Even if one accepts the applicant"s interpretation of the Umpire"s reasons, the fact remains that the Umpire"s statement was not necessary to his conclusion. It was mere obiter , or an expression of opinion that had no effect on the Umpire"s decision and is binding on neither the person who made it nor any other decision-making body which may be called upon to deal with this question.
[4] The application for judicial review will therefore be dismissed on the sole ground that it is not directed against the Umpire"s decision.
Louis Pratte
J.A.
Certified true translation
M. Iveson
FEDERAL COURT OF APPEAL
Date: 19980206
Docket: A-194-97
Between: JOCELYNE VIEL ET AL.,
Applicant,
AND
| CANADA EMPLOYMENT AND IMMIGRATION COMMISSION, |
Respondent.
REASONS FOR JUDGMENT
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-194-97
STYLE OF CAUSE: JOCELYNE VIEL ET AL.,
Applicant,
AND
| CANADA EMPLOYMENT AND IMMIGRATION COMMISSION, |
Respondent.
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: January 5, 1998
REASONS FOR JUDGMENT OF THE COURT (THE HONOURABLE MR. JUSTICE PRATTE, THE HONOURABLE MR. JUSTICE DÉCARY AND THE HONOURABLE DEPUTY JUSTICE CHEVALIER)
DELIVERED FROM THE BENCH BY: Pratte J.A.
DATED: January 5, 1998
APPEARANCES: Frédéric St-Jean for the applicant
Carole Bureau for the respondent
SOLICITORS OF RECORD:
| Frédéric St-Jean for the applicant |
Sainte-Foy, Quebec
George Thomson for the respondent
| Deputy Attorney General of Canada |
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