Date: 20100923
Docket: A-509-09
Citation:
2010 FCA 241
CORAM: NOËL
J.A.
PELLETIER
J.A.
TRUDEL
J.A.
BETWEEN:
ATTORNEY GENERAL
OF CANADA
Applicant
and
HENRI-LOUIS GAGNON
Respondent
Hearing held at Québec, Quebec, on September 23, 2010.
Judgment delivered from the Bench at Québec, Quebec, on September
23, 2010.
REASONS FOR
JUDGMENT OF THE COURT BY: TRUDEL
J.A.
Date: 20100923
Docket: A-509-09
Citation:
2010 FCA 241
CORAM: NOËL J.A.
PELLETIER J.A.
TRUDEL J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
HENRI-LOUIS GAGNON
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Québec, Quebec, on September 23, 2010)
TRUDEL J.A.
[1]
The Umpire was apparently misled by the
Commission’s assertion that it had limited its calculation of the hours to
November 3, 2007. He interpreted that to mean that the Commission had not included
the hours worked prior to that date, but it had indeed done so. With respect,
the Umpire was wrong to intervene.
[2]
Accordingly, the application will be allowed
without costs, the Umpire’s decision set aside and the matter referred back to
the Chief Umpire or his designate for redetermination on the basis that the
Commission’s appeal must be allowed on the ground that the claimant had not
accumulated the hours required to be entitled to benefits.
“Johanne Trudel”
Certified true
translation
Tu-Quynh Trinh
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-509-09
STYLE OF CAUSE: ATTORNEY
GENERAL OF CANADA
v. HENRI-LOUIS GAGNON
PLACE OF HEARING: Québec, Quebec
DATE OF HEARING: September 23, 2010
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
PELLETIER
J.A.
TRUDEL
J.A.
DELIVERED FROM THE BENCH BY: TRUDEL J.A.
APPEARANCES:
|
Antoine Lippé
|
FOR THE APPLICANT
|
|
Henri-Louis
Gagnon
(on his own behalf)
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Myles J. Kirvan
Deputy Attorney General of Canada
Montréal, Quebec
|
FOR THE APPLICANT
|
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