Canada (Attorney General) v. Clark, 2007 FCA 181

Date: 20070507

Docket: A-315-06

Citation: 2007 FCA 181

 

CORAM:       RICHARD C.J.

                        LINDEN J.A.            

                        RYER J.A.

 

BETWEEN:

THE ATTORNEY GENERAL OF CANADA

Applicant

and

JEFF CLARK

Respondent

 

 

 

Heard at Winnipeg, Manitoba, on May 7, 2007.

Judgment delivered from the Bench at Winnipeg, Manitoba, on May 7, 2007.

 

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

           

Date: 20070507

Docket: A-315-06

Citation:  2007 FCA 181

 

CORAM:       RICHARD C.J.

                        LINDEN J.A.            

                        RYER J.A.

 

BETWEEN:

THE ATTORNEY GENERAL OF CANADA

Applicant

and

JEFF CLARK

Respondent

 

 

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Winnipeg, Manitoba by the Chief Justice on May 7, 2007)

 

 

RICHARD C.J.

[1]               This is an application for judicial review of the decision dated June 8, 2006, (CUB65975) of the Honourable Paul Rouleau acting as Umpire under the Employment Insurance Act, S.C. 1996,

c. 23 (the “Act”).  The Umpire dismissed an appeal by the Canada Employment Insurance Commission (“Commission”) from a decision of the Board of Referees which held that the respondent did not lose his employment by reason of his own misconduct and that he was therefore entitled to benefits.

[2]               In the circumstances of this case, the Board of Referees was entitled to find on the evidence before it that the respondent’s failure to retain a valid driver’s licence did not amount to misconduct under s. 30 of the Act since it was not an essential condition of the employment that had been performed by him at the time of his dismissal.

[3]               Accordingly, the application for judicial review will be dismissed.

 

 

"J. Richard"

FEDERAL COURT OF APPEAL

 

NAMES OF COUNSEL AND SOLICITORS OF RECORD

 

 

 

DOCKET:                                                                              A-315-06

 

STYLE OF CAUSE:                                                              The Attorney General of Canada v. Jeff Clark  

 

PLACE OF HEARING:                                                        Winnipeg, Manitoba

 

 

DATE OF HEARING:                                                          May 7, 2007

 

 

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

                                                                                                Linden J.A.

                                                                                                Ryer J.A.

 

 

DELIVERED FROM THE BENCH BY:                            Richard C.J.

 

 

 

APPEARANCES:

 

Mark Heseltine Department of Justice Edmonton, AB	FOR THE APPLICANT
Beverly Froese Winnipeg, MB	FOR THE RESPONDENT

 

SOLICITORS OF RECORD:

 

John H. Sims, Q.C. Deputy Attorney General of Canada	FOR THE APPLICANT
Public Interest Law Centre Winnipeg, MB	FOR THE RESPONDENT