Date: 20040318
Docket: A-289-03
Citation: 2004 FCA 117
CORAM: RICHARD C.J.
NOËLJ.A.
PELLETIERJ.A.
BETWEEN:
YVAN BOURGEOIS
Applicant
and
THE ATTORNEY GENERAL
OF CANADA
Respondent
Hearing held at Montréal, Quebec, on March 18, 2004.
Judgment delivered from the bench at Montréal, Quebec, on March 18, 2004.
REASONS FOR JUDGMENT OF THE COURT: NOËL J.A.
Date: 20040318
Docket: A-289-03
Citation: 2004 FCA 117
CORAM: RICHARD C.J.
PELLETIERJ.A.
BETWEEN:
YVAN BOURGEOIS
Applicant
and
THE ATTORNEY GENERAL
OF CANADA
Respondent
REASONS FOR JUDGMENT BY THE COURT
(Delivered from the bench at Montréal, Quebec, on March 18, 2004.)
NOËL J.A.
[1] It was incumbent upon the applicant to establish that all or part of the sums received as a result of his dismissal amounted to something other than earnings within the meaning of the Act (Attorney General of Canada v. Mary Radigan), [2001] 267 N.R. 129 (FCA).
[2] Both the Umpire and the Board of Referees, held that the applicant was unable to discharge this burden. In our opinion, the evidence supported this finding.
[3] The application for judicial review will be dismissed with costs.
"Marc Noël"
J.A.
Certified true translation
Kelley A. Harvey, BA, BCL, LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-289-03
STYLE OF CAUSE: YVAN BOURGEOIS and THE ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: March 18, 2004
REASONS FOR JUDGMENT OF THE COURT: RICHARD C.J.
NOËL J.A. PELLETIER J.A.
DELIVERED FROM THE BENCH BY: NOËL J.A.
APPEARANCES:
|
Gilbert Nadon |
FOR THE APPLICANT |
|
Carole Bureau |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
|
OUELLET, NADON & ASSOCIÉS Montréal, Quebec |
FOR THE APPLICANT |
|
Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario |
FOR THE RESPONDENT |