A-510-96
MONTRÉAL, QUEBEC, THE
17th DAY OF JANUARY 1997
CORAM: THE
HONOURABLE MR. JUSTICE HUGESSEN
THE
HONOURABLE MR. JUSTICE DÉCARY
THE
HONOURABLE DEPUTY JUSTICE CHEVALIER
BETWEEN: CLAIRE
BRISEBOIS,
Applicant,
AND:
CANADA
EMPLOYMENT AND IMMIGRATION
COMMISSION,
Respondent,
AND:
DEPUTY
ATTORNEY GENERAL OF CANADA,
Mis-en-cause.
J
U D G M E N T
The application for judicial review is allowed.
The decision of the Umpire is quashed and the matter is referred back to an
umpire for redetermination on the basis that the claimant’s appeal must be
allowed.
James
K. Hugessen
J.A.
Certified true translation
Stephen Balogh
A-510-96
CORAM: HUGESSEN
J.A.
DÉCARY
J.A.
CHEVALIER D.J.
BETWEEN:
CLAIRE BRISEBOIS,
Applicant,
AND:
CANADA
EMPLOYMENT AND
IMMIGRATION
COMMISSION,
Respondent,
AND:
DEPUTY
ATTORNEY GENERAL OF CANADA,
Mis-en-cause.
Hearing
held at Montréal
on
Friday, January 17, 1997
Judgment
delivered at Montréal
on
Friday, January 17, 1997
REASONS
FOR JUDGMENT OF THE COURT BY: HUGESSEN J.A.
A-510-96
CORAM:HUGESSEN J.A.
DÉCARY J.A.
CHEVALIER
D.J.
BETWEEN:
CLAIRE
BRISEBOIS,
Applicant,
AND:
CANADA
EMPLOYMENT AND
IMMIGRATION
COMMISSION,
Respondent,
AND:
DEPUTY
ATTORNEY GENERAL OF CANADA,
Mis-en-cause.
REASONS
FOR JUDGMENT OF THE COURT
(Delivered
from the bench at Montréal
on
Friday, January 17, 1997)
HUGESSEN J.A.
We all agree
that both the Umpire and the Board of Referees erred in finding that the
claimant should have produced a medical certificate to justify her contention
that she had no alternative but to quit her employment. It seems clear to us
that the claimant was not relying on an illness when she stated that working
constantly in a standing position gave her sore feet. At the time, she was 59
years old and quite simply found the employment she had accepted in a
restaurant too demanding physically. Since her credibility was not questioned,
a medical certificate would have added nothing to her testimony.
The
application for judicial review will be allowed, the decision of the Umpire
will be quashed and the matter will be referred back to an umpire for redetermination
on the basis that the claimant’s appeal must be allowed.
James K. Hugessen
J.A.
Certified true
translation
Stephen Balogh
FEDERAL
COURT OF APPEAL
A-510-96
BETWEEN:
CLAIRE
BRISEBOIS,
Applicant,
AND:
CANADA
EMPLOYMENT AND
IMMIGRATION
COMMISSION,
Respondent,
AND:
DEPUTY
ATTORNEY GENERAL OF CANADA,
Mis-en-cause.
REASONS
FOR JUDGMENT OF THE COURT
FEDERAL
COURT OF APPEAL
NAMES
OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-510-96
STYLE OF CAUSE: CLAIRE BRISEBOIS,
Applicant,
AND:
CANADA
EMPLOYMENT AND
IMMIGRATION
COMMISSION,
Respondent,
AND:
DEPUTY
ATTORNEY GENERAL OF CANADA,
Mis-en-cause.
PLACE OF
HEARING: Montréal,
Quebec
DATE OF HEARING: January 17, 1997
REASONS FOR JUDGMENT OF THE COURT (THE HONOURABLE MR. JUSTICE
HUGESSEN, THE HONOURABLE MR. JUSTICE DÉCARY AND THE HONOURABLE DEPUTY JUSTICE
CHEVALIER)
DELIVERED FROM THE
BENCH BY: The Honourable
Mr. Justice Hugessen
Dated: January 17, 1997
APPEARANCES:
William de
Merchant
Claudine Barabé for
the applicant
Dominique Gagné for
the respondent
SOLICITORS OF RECORD:
Campeau, Ouellet et Associés
Montréal,
Quebec for the applicant
George Thomson
Deputy Attorney
General
of Canada
Ottawa, Ontario for
the respondent
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