Date: 20031104
Docket: A-292-02
Citation: 2003 FCA 412
CORAM: DÉCARY J.A.
NOËL J.A.
NADON J.A.
BETWEEN:
JUAN JOSE JONFE OROZCO ET AL.
Applicants
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Hearing held at Montréal, Quebec, on November 4, 2003.
Judgment from the bench at Montréal, Quebec, on November 4, 2003.
REASONS FOR JUDGMENT OF THE COURT: DÉCARY J.A.
Date: 20031104
Docket: A-292-02
Citation: 2003 FCA 412
CORAM: DÉCARY J.A.
NOËL J.A.
NADON J.A.
BETWEEN:
JUAN JOSE JONFE OROZCO ET AL.
Applicants
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec, on November 4, 2003)
DÉCARY J.A.
[1] On the question of the interruption of earnings, the Court adopts the reasons rendered this day in Dion (A-251-02).
[2] On the question of the quantum of the penalty, which the board of referees had adjusted to 50%, the Court considers that the board of referees provided sufficient explanation of the reasons leading it to conclude that the Commission had not exercised its discretion in the manner required by precedent and that the umpire had even less reason to intervene to set this quantum at 100% as counsel for the respondent had said they were satisfied with a 50% quantum.
[3] The application for judicial review will therefore be allowed in the cases where the question of the penalty was raised, namely cases A-297-02, A-299-02 and A-302-02, the decision of the umpire in those cases will be set aside as to the disposition dealing with the penalty, and the matter referred back to the chief umpire or to an umpire designated by him to be again decided on the basis that the quantum of the penalty is that set by the board of referees. In the circumstances, each party will pay its own costs.
[4] The application for judicial review will be dismissed in the other cases, namely cases A-292-02, A-303-02, A-294-02 and A-498-02, with costs to the respondent in the manner prescribed in Dion.
[5] A copy of these reasons and the judgment signed in this case will be included in the other records to stand in place of the original.
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"Robert Décary"
J.A.
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Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-292-02
(APPLICATION FOR JUDICIAL REVIEW FROM EMPLOYMENT INSURANCE COMMISSION DECISION ON MARCH 1, 2002, IN CASE CUB 53776).
STYLE OF CAUSE: JUAN JOSE JONFE OROZCO ET AL.
and
THE ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: November 4, 2003
REASONS FOR JUDGMENT OF THE COURT : (DÉCARY, NOËL AND NADON JJ.A.)
DELIVERED FROM THE BENCH BY: DÉCARY J.A.
APPEARANCES:
William De Merchant FOR THE APPLICANTS
Pauline Leroux FOR THE RESPONDENT
SOLICITORS OF RECORD:
OUELLET, NADON & ASSOCIÉS FOR THE APPLICANTS
Montréal, Quebec
MORRIS ROSENBERG FOR THE RESPONDENT
Deputy Attorney General of Canada
Montréal, Quebec
List of six application for judicial review dockets in this group.
List of six application for judicial review dockets in this group.
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