Date: 19980916
Docket: A-105-98
MONTRÉAL, QUEBEC, THE 16TH DAY OF SEPTEMBER 1998
| CORAM: THE HONOURABLE MADAM JUSTICE DESJARDINS |
| THE HONOURABLE MR. JUSTICE DÉCARY |
| THE HONOURABLE MR. JUSTICE NOËL |
BETWEEN:
MANON GAUTHIER
Applicant
AND
CANADA EMPLOYMENT INSURANCE COMMISSION
AND
DEPUTY ATTORNEY GENERAL OF CANADA
Respondents
J U D G M E N T
The application for judicial review is dismissed.
Certified true translation
Bernard Olivier
Date: 19980916
Docket: A-105-98
Between:
MANON GAUTHIER
Applicant
AND:
CANADA EMPLOYMENT INSURANCE COMMISSION
AND
DEPUTY ATTORNEY GENERAL OF CANADA
Respondents
Hearing held in Montréal, Quebec, Wednesday, September 16, 1998
Judgment pronounced in Montréal, Quebec, Wednesday, September 16, 1998
REASONS FOR JUDGMENT BY: DESJARDINS J.A.
Date: 19980916
Docket: A-105-98
Between:
MANON GAUTHIER
Applicant
AND:
CANADA EMPLOYMENT INSURANCE COMMISSION
AND
DEPUTY ATTORNEY GENERAL OF CANADA
Respondents
REASONS FOR JUDGMENT
(Pronounced at the hearing in Montréal,
Wednesday, September 16, 1998)
DESJARDINS J.A.
[1] We are of the opinion that the umpire was justified in intervening in the decision of the board of referees, given that the board had held that Revenue Canada"s decision that there was no employer-employee relationship between the applicant and the community television station for which she had worked since 1989 was conclusive. We have stated many times that the determination as to insurability of an employment is unrelated to that of benefit entitlement.1
[2] Having said that, it was within the umpire"s discretion, on the facts in this case, to infer that the applicant"s work was not entirely devoid of ulterior motives, since she had always been re-employed by the community television statement after her period of so-called volunteer work.
[3] The application for judicial review will therefore be dismissed.
Alice Desjardins
J.A.
Certified true translation
Bernard Olivier
| |
CANADA EMPLOYMENT INSURANCE COMMISSION |
| |
DEPUTY ATTORNEY GENERAL OF CANADA |
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Applicant
AND:
CANADA EMPLOYMENT INSURANCE COMMISSION
- and -
DEPUTY ATTORNEY GENERAL OF CANADA
Respondents
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: September 16, 1998 |
REASONS FOR JUDGMENT OF THE COURT (DESJARDINS,
DÉCARY AND NOËL JJ.A.):
READ AT THE HEARING BY: THE HONOURABLE MADAM JUSTICE DESJARDINS
DATED: September 16, 1998
APPEARANCES:
William de Merchant for the Applicant
Claude Provencher for the Respondents
SOLICITORS OF RECORD:
CAMPEAU, OUELLET & ASSOCIÉS
Montréal, Quebec for the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario for the Respondents
__________________
1 Jocelyne Daoust v. Minister of National Revenue (19961001), A-108-96 (F.C.A., at p. 193).
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