A-769-96
DÉCARY, J.A.
ROBERTSON, J.A.
B E T W E E N:
THE ATTORNEY GENERAL OF CANADA
Applicant
-and-
ANTOINETTE M. LONGSWORTH (NEE WALLIS)
Respondent
HEARD at Toronto, Ontario, Tuesday, September 23, 1997.
JUDGMENT delivered from the Bench at Toronto, Ontario, on Tuesday, September 23, 1997.
REASONS FOR JUDGMENT BY: DENAULT, J.A.
A-769-96
DÉCARY, J.A.
ROBERTSON, J.A.
B E T W E E N:
THE ATTORNEY GENERAL OF CANADA
Applicant
-and-
ANTOINETTE M. LONGSWORTH (NEE WALLIS)
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench, at Toronto, Ontario,
Tuesday, the 23rd day of September, 1997)
DENAULT, J.A.:
This is an application for an order to set aside the decision of an Umpire who dismissed the Respondent's appeal from a decision of the Board of Referees but rescinded the penalty imposed upon the Respondent, in the following words:
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"The Board made no reversible error under Section 80 of the Act. However, in this case, applying the Morin Judgment, I find that the penalty should be rescinded." |
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We are all of the respectful view that by deciding to rescind the penalty on the ground that he was applying the Morin Judgment,the Umpire committed an error of law in that he failed to apply the very first requirement established by this Court in the Morin1 case: one must first conclude that the Commission exercised its discretionary power in a non-judicial manner when it imposed a penalty upon the claimant. In the instance, not only did the Umpire neglect to indicate any factor the Commission ought to have considered when it imposed the penalty, but he specifically found that the Board had made no reversible error. In fact, he merely substituted his own opinion for that of the Commission and the Board of Referees. That he could not do2.
The judicial review application will be allowed, the decision of the Umpire dated August 2, 1996 with respect to rescinding the penalty set aside, and the matter will be referred back to the Chief Umpire or his designate for reconsideration on the basis that the Board of Referees' decision ought to be restored with respect to the penalty.
"P. Denault"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: A-769-96
| STYLE OF CAUSE: THE ATTORNEY GENERAL |
- and -
| ANTOINETTE M. LONGSWORTH (NEE WALLIS) |
DATE OF HEARING: SEPTEMBER 23, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: DENAULT, J.A.
Delivered from the Bench at Toronto, Ontario
on Tuesday, September 23, 1997
APPEARANCES:
Mr. Robert H. Jaworski
For the Applicant
Ms. Antoinette M. Longsworth
For the Respondent
SOLICITORS OF RECORD:
George Thomson
Deputy Attorney General
of Canada
For the Applicant
Ms. Antoinette M. Longsworth
1684 Autumn Crescent
Pickering, Ontario
L1V 6X5
For the Respondent
FEDERAL COURT OF CANADA
Court No.: A-769-96
Between:
| THE ATTORNEY GENERAL OF CANADA |
Applicant
- and -
(NEE WALLIS)
Respondent
REASONS FOR JUDGMENT
__________________
1 Morin v. C.E.I.C., 134 D.L.R. (4th) 724 (F.C.A.)
2 Roberts et al. v. C.E.I.C. (1985), 60 N.R. 349
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