A-312-96
QUÉBEC, QUEBEC, THE 1st DAY OF MAY, 1997
CORAM: THE HONOURABLE MR. JUSTICE HUGESSEN
THE HONOURABLE MR. JUSTICE DÉCARY
THE HONOURABLE DEPUTY JUSTICE CHEVALIER
BETWEEN: MARIO DEMERS,
Plaintiff
- AND -
ATTORNEY GENERAL OF CANADA,
Defendant
J U D G M E N
T
The application is allowed, the decision of the
umpire is set aside and the matter is referred back for redetermination by an
umpire to be designated by the chief umpire.
James K. Hugessen
J.A.
Certified true translation
Christiane Delon
A-312-96
CORAM: THE HONOURABLE MR. JUSTICE HUGESSEN
THE HONOURABLE MR. JUSTICE DÉCARY
THE HONOURABLE DEPUTY JUSTICE CHEVALIER
BETWEEN: MARIO DEMERS,
Plaintiff
- AND -
ATTORNEY GENERAL OF CANADA,
Defendant
Hearing held in Québec, Quebec,
Thursday, May 1, 1997.
Judgment pronounced at the hearing, May
1, 1997.
REASONS FOR JUDGMENT OF THE COURT BY: HUGESSEN J.A.
A-312-96
CORAM: THE HONOURABLE MR. JUSTICE HUGESSEN
THE HONOURABLE MR. JUSTICE DÉCARY
THE HONOURABLE DEPUTY JUSTICE CHEVALIER
BETWEEN: MARIO DEMERS,
Plaintiff
- AND -
ATTORNEY GENERAL OF CANADA,
Defendant
REASONS FOR JUDGMENT OF THE COURT
(Pronounced at the hearing in Québec
Thursday, May 1, 1997.)
HUGESSEN J.A.
It is impossible for us to read the board of referees
decision without concluding that it, rightly or wrongly, and for the reasons
that it gave, excluded the statement given to the Commission by the claimant.
That being the case, and although we accept the umpire’s finding that the board
of referees erred in law in confusing the notion of insurability of employment
with the notion of state of unemployment, we do not think the umpire could then
base his decision on the statement that had been considered inadmissible by the
board.
The application will be allowed, the decision of the
umpire will be set aside and the matter will be referred back for
redetermination by an umpire to be designated by the chief umpire.
James K. Hugessen
J.A.
Certified true translation
Christiane Delon
Federal Court of Appeal
Court File No. A-312-96
BETWEEN:
MARIO DEMERS,
Plaintiff
- and -
ATTORNEY GENERAL OF CANADA,
Defendant
REASONS FOR JUDGMENT OF THE COURT
FEDERAL
COURT OF APPEAL
NAMES OF
COUNSEL AND SOLICITORS OF RECORD
FILE NO. A-312-96
STYLE: MARIO
DEMERS,
Plaintiff
-
and -
ATTORNEY
GENERAL OF CANADA.
Defendant
PLACE OF HEARING: Québec
REASONS FOR JUDGMENT
OF THE COURT BY:Hugessen J.A.
Décary
J.A.
Chevalier,
D.J.A.
DATED: May
1, 1997
APPEARANCES:
Jérôme CarrierFOR THE PLAINTIFF
Sylvie MartinFOR THE DEFENDANT
SOLICITORS OF RECORD:
ROCHON, BELZILE, CARRIER,
AUGER ET ASS.
1085 Ave. de la Tour
Québec, Quebec
G1R 2W8 FOR
THE PLAINTIFF
DEPARTMENT OF JUSTICE
Complexe Guy-Favreau
200 boul. René-Lévesque Ouest
Tour Est, 5e étage
Montréal, Quebec
H2Z 1X4 FOR THE DEFENDANT
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