Date: 20120131
Docket: A-250-11
Citation: 2012 FCA 35
CORAM: LÉTOURNEAU J.A.
NOËL J.A.
MAINVILLE J.A.
BETWEEN:
THE
ATTORNEY GENERAL OF CANADA
Applicant
and
CARTER
MAUGHAN
Respondent
Hearing held by Video-conference
Between
Québec, Quebec and Fredericton, New Brunswick, on January 31, 2012.
Judgment delivered from the Bench at Québec, Quebec, on January
31, 2012.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL
J.A.
Date:
20120131
Docket:
A-250-11
Citation:
2012 FCA 35
CORAM: LÉTOURNEAU
J.A.
NOËL
J.A.
MAINVILLE
J.A.
BETWEEN:
THE ATTORNEY
GENERAL OF CANADA
Applicant
and
CARTER
MAUGHAN
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Québec, Quebec, on January 31, 2012)
NOËL J.A.
[1]
Two
questions are in issue in this application for judicial review. The first is
whether the claimant had just cause for leaving his employment. The second is
whether the claimant was available for work for the period of August 12 to
August 27, 2010.
[2]
With
respect to the first issue, we are of the view that there was evidence before
the Board of Referees and subsequently before the Umpire to support their respective
conclusion that the claimant had just cause for leaving his employment within
the meaning of paragraph 29c) of the Employment Insurance Act,
S.C. 1996, c. 23. The Attorney General’s application for judicial review
therefore fails on this ground.
[3]
As
to availability, both the Board of Referees and the Umpire had the obligation
to determine whether the claimant met this condition for the above period, and
failed to do so. Given that according to the evidence, the claimant had to care
for his sister on a continuous and ongoing basis during this period, we find
that he was unavailable for work throughout these two weeks (Canada
(Attorney General) v. Penney, 2005 FCA 241).
[4]
The
application for judicial review will be allowed in part with respect to the
issue of availability and the matter will be returned to the Chief Umpire or
his designate so that it may be decided again on the basis that the respondent
was not available for work for the period of August 12 to August 27, 2010, and
therefore was not entitled to benefits for that period.
"Marc
Noël"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-250-10
STYLE OF CAUSE: The
Attorney General of Canada v. Carter Maughan
APPLICATION
FOR JUDICIAL REVIEW DEALT BY VIDEO-CONFERENCE WITH APPEARANCE OF THE PARTIES.
DATE OF HEARING: January 31, 2012
REASONS FOR JUDGMENT OF THE
COURT BY: LÉTOURNEAU, NOËL AND MAINVILLE JJ.A.
DELIVERED FROM THE BENCH BY: NOËL J.A.
APPEARANCES:
|
Julien S. Matte
|
FOR
THE APPLICANT
|
|
Carter Maughan
|
FOR
THE RESPONDENT
(self-represented)
|
SOLICITORS
OF RECORD:
|
Myles J. Kirvan
|
FOR THE APPLICANT
|
|
N/A
|
FOR THE RESPONDENT
(self-represented)
|
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