A-926-96
MONTRÉAL, QUEBEC, THIS 8th DAY OF OCTOBER 1997
CORAM: THE HONOURABLE MR. JUSTICE DENAULT
THE HONOURABLE MR. JUSTICE DÉCARY
THE HONOURABLE DEPUTY JUSTICE CHEVALIER
BETWEEN: JEAN-MARIE GENDRON,
Applicant,
AND:
EMPLOYMENT INSURANCE COMMISSION
OF CANADA,
Respondent,
AND:
DEPUTY ATTORNEY GENERAL OF CANADA,
Mis en cause.
J U D G M E N T
The application for judicial review is dismissed.
Pierre Denault
J.A.
Certified true translation
C. Delon, LL.L.
A-926-96
MONTRÉAL, QUEBEC, THIS 8th DAY OF OCTOBER 1997
CORAM: THE HONOURABLE MR. JUSTICE DENAULT
THE HONOURABLE MR. JUSTICE DÉCARY
THE HONOURABLE DEPUTY JUSTICE CHEVALIER
BETWEEN: JEAN-MARIE GENDRON,
Applicant,
AND:
EMPLOYMENT INSURANCE COMMISSION
OF CANADA,
Respondent,
AND:
DEPUTY ATTORNEY GENERAL OF CANADA,
Mis en cause.
Notice of motion by the Attorney General of Canada, personally and on behalf of the respondent, seeking an order of the Court:
| - that pages 52 to 70 inclusive of the applicant's record, consisting of the transcript of the recording of the hearing in file nos. 705-000074-941, 705-000075-948 and 705-7200007-946 of the Court of Quebec, Criminal and Penal Division, and the document entitled [translation] "Computerized penal system/transcript" relating to the said hearings, be removed from the record of this Court; |
| - that all of the allegations set out in paragraph 13 of this motion be stricken from the applicant's memorandum. |
[Rule 1606 of the Federal Court Rules]
O R D E R
The respondent and the mis en cause having withdrawn their motion at the hearing, it is now moot.
Pierre Denault
J.A.
Certified true translation
C. Delon, LL.L.
A-926-96
CORAM: DENAULT J.A.
DÉCARY J.A.
CHEVALIER D.J.
BETWEEN:
JEAN-MARIE GENDRON,
Applicant,
AND:
EMPLOYMENT INSURANCE COMMISSION
OF CANADA,
Respondent,
AND:
DEPUTY ATTORNEY GENERAL OF CANADA,
Mis en cause.
Hearing held at Montréal
on Wednesday, October 8, 1997
Judgment delivered at Montréal
on Wednesday, October 8, 1997
REASONS FOR JUDGMENT OF THE COURT BY: DENAULT J.A.
A-926-96
CORAM: THE HONOURABLE MR. JUSTICE DENAULT
THE HONOURABLE MR. JUSTICE DÉCARY
THE HONOURABLE DEPUTY JUSTICE CHEVALIER
BETWEEN: JEAN-MARIE GENDRON,
Applicant,
AND:
EMPLOYMENT INSURANCE COMMISSION
OF CANADA,
Respondent,
AND:
DEPUTY ATTORNEY GENERAL OF CANADA,
Mis en cause.
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal
on Wednesday, October 8, 1997)
DENAULT J.A.
Despite the very able submissions of the applicant, the Court believes that it has not been established that the board of referees and the umpire reached an unreasonable conclusion in ratifying the penalty imposed by the Commission.
The quantum of the penalty " three times the amount of the benefits " may seem high; however, there is nothing to suggest that the claimant ever raised this question before the board of referees " he was not present at the hearing " or before the umpire. They have no authority to interfere unless they are first shown that the Commission exercised its discretion in a non-judicial manner.1 This has not been established.
The application for judicial review will be dismissed.
Pierre Denault
J.A.
Certified true translation
C. Delon, LL.L.
Federal Court of Canada
Court file No. A-926-96
between
JEAN-MARIE GENDRON,
Applicant,
AND:
EMPLOYMENT INSURANCE COMMISSION
OF CANADA,
Respondent,
AND:
| DEPUTY ATTORNEY GENERAL OF |
CANADA,
Mis en cause.
REASONS FOR JUDGMENT
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: A-926-96
STYLE OF CAUSE: JEAN-MARIE GENDRON,
Applicant,
AND:
EMPLOYMENT INSURANCE COMMISSION
OF CANADA,
Respondent,
AND:
| DEPUTY ATTORNEY GENERAL OF |
CANADA,
Mis en cause.
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: October 8, 1997
REASONS FOR JUDGMENT OF THE COURT (DENAULT AND DÉCARY JJ.A., CHEVALIER D.J.)
DELIVERED FROM THE BENCH BY: The Honourable Mr. Justice Denault
Dated: October 8, 1997
APPEARANCES:
Jean-Marie Gendron the applicant
Sylvie Martin for the respondent and the mis en cause
SOLICITORS OF RECORD:
Jean-Marie Gendron the applicant
2732 De Vigny
Mascouche, Quebec
George Thomson for the respondent and the mis en cause
Deputy Attorney General
of Canada
Ottawa, Ontaro
__________________
1 Morin v. C.E.I.C. (1996), 196 N.R. 309 (A-453-95).
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