Canada (Attorney General) v. Hickey, 2007 FCA 69

Date: 20070214

Docket: A-58-06

Citation: 2007 FCA 69

CORAM:       RICHARD C.J.

                        SHARLOW J.A.

                        RYER J.A.

BETWEEN:

ATTORNEY GENERAL OF CANADA

Applicant

and

GRANT HICKEY

Respondent

Heard at Halifax, Nova Scotia, on February 14, 2007.

Judgment delivered from the Bench at Halifax, Nova Scotia, on February 14, 2007.

REASONS FOR JUDGMENT OF THE COURT BY:  RICHARD C.J.

Date: 20070214

Docket: A-58-06

Citation: 2007 FCA 69

CORAM:       RICHARD C.J.

                        SHARLOW J.A.

                        RYER J.A.

BETWEEN:

ATTORNEY GENERAL OF CANADA

Applicant

and

GRANT HICKEY

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Halifax, Nova Scotia, on February 14, 2007)

RICHARD C.J.

[1]               This is an application for an order to set aside the decision of the Honourable R.C. Stevenson, dated December 20, 2005 (CUB 65103), which he rendered in his capacity as an Umpire appointed under the Employment Insurance Act, S.C. 1996, c. 23 and as amended. In his decision, the Umpire did not allow an appeal by the Applicant from a decision of the Board of Referees, dated November 30, 2004.

[2]               On the basis of the record before us which counsel for the applicant has herself described as problematic and in the absence of a collective agreement or other evidence that is capable of establishing that Mr. Hickey was entitled to a period of leave after he left the ship and given the finding of the Umpire that the casual employment of Mr. Hickey was terminated when he left the ship and did not continue thereafter we must dismiss this application for judicial review.

[3]               Accordingly, the application for judicial review will be dismissed without costs as the respondent did not file a notice of appearance.

 "J. Richard"

FEDERAL COURT OF APPEAL

NAME OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          A-58-06

STYLE OF CAUSE:                          ATTORNEY GENERAL OF CANADA

                                                            - and -

GRANT HICKEY

PLACE OF HEARING:                    HALIFAX, NOVA SCOTIA

DATE OF HEARING:                      FEBRUARY 14, 2007

REASONS FOR JUDGMENT:       RICHARD C.J.

DATED:                                             FEBRUARY 14, 2007

APPEARANCES:

SOLICITORS OF RECORD: