Tembec Industries Inc. v. Sokoloski, 2012 FCA 157

Date: 20120529

Docket: A-145-11

Citation: 2012 FCA 157

 

CORAM:       PELLETIER J.A.

                        DAWSON J.A.

                        STRATAS J.A.

 

BETWEEN:

TEMBEC INDUSTRIES INC.

Applicant

and

WILLIAM SOKOLOSKI,

CANADA EMPLOYMENT INSURANCE COMMISSION,

OFFICE OF THE UMPIRE EMPLOYMENT INSURANCE ACT

AND THE ATTORNEY GENERAL OF CANADA

 

Respondents

 

 

Heard at Winnipeg, Manitoba, on March 14, 2012.

Judgment delivered at Ottawa, Ontario, on May 29, 2012.

 

REASONS FOR JUDGMENT BY:                                                                            DAWSON J.A.

CONCURRED IN BY:                                                                                            PELLETIER J.A.

DISSENTING REASONS BY:                                                                                  STRATAS J.A.

 

Date: 20120529

Docket: A-145-11

Citation: 2012 FCA 157

 

CORAM:       PELLETIER J.A.

                        DAWSON J.A.

                        STRATAS J.A.

 

BETWEEN:

TEMBEC INDUSTRIES INC.

Applicant

and

WILLIAM SOKOLOSKI,

CANADA EMPLOYMENT INSURANCE COMMISSION,

OFFICE OF THE UMPIRE EMPLOYMENT INSURANCE ACT

AND THE ATTORNEY GENERAL OF CANADA

 

Respondents

 

 

REASONS FOR JUDGMENT

DAWSON J.A.

[1]               This is an application for judicial review of a decision of an Umpire (CUB 74658A) rendered under the Employment Insurance Act, S.C. 1996, c. 23 (Act). In the decision under review, the Umpire reconsidered and rescinded his earlier decision in CUB 74658, where he had upheld a decision of the Board of Referees which found that Mr. Sokoloski was not entitled to benefits during the period of an alleged labour dispute.

 

[2]               On this application for judicial review Tembec Industries Inc., Mr. Sokoloski’s employer at the time, argues that the Umpire’s decision should be set aside because Tembec neither received notice of Mr. Sokoloski’s appeal to the Umpire nor notice of his request for reconsideration.

 

[3]               This matter is substantially similar to the application for judicial review filed in A-101-11 involving Tembec and five of its former employees. That application for judicial review was allowed for the reasons given in 2012 FCA 156.

 

[4]               For the same reasons, I would allow this application for judicial review, with costs (to be calculated in accordance with Rule 407) payable to Tembec by Mr. Sokoloski.

 

 

 

“Eleanor R. Dawson”

 

 

“I agree.

            J.D. Denis Pelletier J.A.”

 

 

 

 

 

 

 

 

 

 

 

STRATAS J.A. (Dissenting reasons)

 

[5]               For substantially the same reasons I gave in Tembec Industries Inc. v. Berthelette et al      (A-101-11), I would dismiss the application for judicial review, with costs.

 

 

“David Stratas”

 

 

 

 

 

 

 

 

FEDERAL COURT OF APPEAL

 

NAMES OF COUNSEL AND SOLICITORS OF RECORD

 

 

 

DOCKET:                                                                              A-145-11

 

 

STYLE OF CAUSE:                                                              Tembec Industries Inc. v.

                                                                                                William Sokoloski et al.

 

 

PLACE OF HEARING:                                                        Winnipeg, Manitoba

 

 

DATE OF HEARING:                                                          March 14, 2012

 

 

REASONS FOR JUDGMENT BY:                                     Dawson J.A.

 

 

CONCURRED IN BY:                                                         Pelletier J.A.

DISSENTING REASONS BY:                                            Stratas J.A.

 

 

DATED:                                                                                 May 29, 2012

 

 

APPEARANCES:

 

David A. Simpson	FOR THE APPLICANT
Margaret McCabe Mary Softley     Paula Turtle	FOR THE RESPONDENT / ATTORNEY GENERAL OF CANADA   FOR THE RESPONDENTS / WILLIAM SOKOLOSKI et al.

 

 

 

 

SOLICITORS OF RECORD:

 

Fillmore Riley LLP Barristers & Solicitors Winnipeg, Manitoba	FOR THE APPLICANT
Myles J. Kirvan Deputy Attorney General of Canada     United Steelworkers Toronto, Ontario	FOR THE RESPONDENT / ATTORNEY GENERAL OF CANADA   FOR THE RESPONDENTS / LEONARD BERTHELETTE et al.