Date:20000926
Docket:A-110-99
CORAM: LINDEN, J.A.
SEXTON, J.A.
EVANS, J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
-and-
MARGARET TIESSEN TUOMI
Respondent
Heard at Toronto, Ontario, Monday, September 25, 2000
Judgment delivered from the Bench at Toronto, Ontario
on Monday, September 25, 2000
| REASONS FOR JUDGMENT OF THE COURT BY: LINDEN, J.A. |
Date: 20000926
Docket: A-110-99
| CORAM: LINDEN, J.A. |
SEXTON, J.A.
EVANS, J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
-and-
MARGARET TIESSEN TUOMI
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto,
Ontario on Monday, September 25, 2000)
LINDEN J.A.
| _. This application raises an issue that has already been decided in this Court in several decisions including Hawryluk [2000] F.C.J. 1071 and Haberman [2000] F.C.J. No. 1215 to the effect that matters concerning hours of insurable employment were matters of insurability for the Department to decide and not for the Board of Referees and Umpire, who were limited to issues of entitlement. |
| _. Relying on section 117, it was argued before us that there should be concurrent jurisdiction in cases such as this. |
| _. We are of the view that such a proposal is not tenable as it is not authorized by the Act or the jurisprudence of this Court and is contrary to the scheme of the Act for resolving disputes in two separate streams. The legislation (s.122) clearly contemplates exclusive jurisdiction in the Department to decide questions of insurability which this is. |
| _. The application will, therefore, be allowed, the decision of the Umpire set aside and the matter will be referred back to Chief Umpire to remit to the Board of Referees with instructions to refer the matter to the Canadian Customs and Revenue Agency, in accordance with s.122, to determine the issue of insurability in this case. |
"A.M. Linden"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| DOCKET: A-110-99 |
| STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA |
Applicant
-and-
MARGARET TIESSEN TUOMI
Respondent
| DATE OF HEARING: MONDAY, SEPTEMBER 25, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR JUDGMENT BY: LINDEN J.A. |
Delivered at Toronto, Ontario on
Monday, September 25, 2000
APPEARANCES BY: Ms. Janice Rodgers
For the Applicant
Ms. Karen Schucher
| For the Respondent |
| SOLICITORS OF RECORD: Morris Rosenberg |
| Deputy Attorney General of Canada |
| For the Applicant |
CAVALLUZZO HAYES SHILTON
McINYRE & CORNISH
Barristers & Solicitors
43 Madison Avenue
| Toronto, Ontario |
| M5R 2S2 |
| For the Respondent |
FEDERAL COURT OF APPEAL
Date: 20000926
Docket: A-110-99
BETWEEN:
THE ATTORNEY GENERAL
OF CANADA
Applicant
-and-
MARGARET TIESSEN TUOMI
Respondent
REASONS FOR JUDGMENT