Date: 20031104
Docket: A-251-02
Citation: 2003 FCA 413
CORAM: DÉCARY J.A.
NOËL J.A.
NADON J.A.
BETWEEN:
SONIA DION ET AL.1
Applicants
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Hearing held at Montréal, Quebec, on November 4, 2003.
Judgment delivered from the bench at Montréal, Quebec, on November 4, 2003
REASONS FOR JUDGMENT OF THE COURT: DÉCARY J.A.
_______________________
1 List of forty-six (46) applications for judicial review of this group
Date: 20031104
Docket: A-251-02
Citation: 2003 FCA 413
CORAM: DÉCARY J.A.
NOËL J.A.
NADON J.A.
BETWEEN:
SONIA DION ET AL.1
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)
[1] We are satisfied that the umpire asked himself the right questions, that he did not err in defining the applicable standards of law and that he did not apply these standards unreasonably.
_______________________
1 List of forty-six (46) applications for judicial review of this group
[2] The Board of Referees was entitled to find that there had been no interruption of earnings within the meaning of subsection 37(1) of the Employment Insurance Act, in that the evidence in the record supported the finding that there had not really been a separation from employment and/or that there had not been non-payment of earnings.
[3] Under the circumstances, the intervention of the umpire would have been unwarranted.
[4] This application for judicial review as well as the 45 applications associated with it will therefore be dismissed with costs.
[5] The parties agreed at the hearing that the costs for the memorandum and the oral arguments would be determined on the basis of a single application, but that they would include the costs of preparing each of the other records.
[6] A copy of these reasons and a certified copy of the judgment will be placed in all of the other files in lieu of the original.
"Robert Décary"
J.A.
Certified true translation
Kelley A. Harvey, BA, BCL, LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-251-02
(APPLICATION FOR JUDICIAL REVIEW OF A DECISION BY THE EMPLOYMENT INSURANCE COMMISSION DATED MARCH 1, 2002 IN CUB 53776).
STYLE OF CAUSE: SONIA DION 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 BY: DÉCARY, NOËL, 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 Montréal, Quebec
|
FOR THE APPLICANTS |
|
MORRIS ROSENBERG Deputy Attorney General of Canada Montréal, Quebec
|
FOR THE RESPONDENT |