Date: 20000601
Docket: A-187-99
MONTRÉAL, QUEBEC, JUNE 1, 2000
| Coram: THE CHIEF JUSTICE |
DESJARDINS J.A.
DÉCARY J.A.
Between:
CLAUDETTE MONTY
Plaintiff
- AND -
THE ATTORNEY GENERAL OF CANADA
Defendant
JUDGMENT
The application for judicial review is allowed in part. The umpire's decision is upheld except on the question whether the plaintiff knowingly made nine false or misleading statements entailing a penalty.
The matter is referred back to the chief umpire or to an umpire designated by him for re-hearing in light of the reasons of this judgment.
| J. Richard Chief Justice |
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
Date: 20000601
Docket: A-187-99
| Coram: THE CHIEF JUSTICE |
DESJARDINS J.A.
DÉCARY J.A.
Between:
CLAUDETTE MONTY
Plaintiff
- AND -
THE ATTORNEY GENERAL OF CANADA
Defendant
Hearing held at Montréal, Quebec on Thursday, June 1, 2000
Judgment from the bench at Montréal, Quebec on Thursday, June 1, 2000
REASONS FOR JUDGMENT OF THE COURT: DESJARDINS J.A.
Date: 20000601
Docket: A-187-99
| Coram: THE CHIEF JUSTICE |
DESJARDINS J.A.
DÉCARY J.A.
Between:
CLAUDETTE MONTY
Plaintiff
- AND -
THE ATTORNEY GENERAL OF CANADA
Defendant
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal on Thursday, June 1, 2000)
DESJARDINS J.A.
[1] We are all of the opinion that the Court should intervene on the question of penalties only.1
[2] Contrary to the findings of the board of referees, the claimant's status under the Self Employment Assistance program was relevant in the case at bar.
[3] The claimant stated that she thought her eligibility certificate for the program, which expired on January 14, 1996, remained valid until a meeting was held to tell her of this.2 As a result, she was still confused when she was requested to complete her unemployment insurance cards, as indicated by the transcript from her testimony before the board of referees.3
[4] In view of this error by the board of referees, the application for judicial review will be allowed as to the penalties, the umpire's decision on this point quashed and the matter referred back to the chief umpire or an umpire designated by him for the claimant's appeal to be allowed and the matter referred back to the board of referees. The board of referees will again have to decide it on the basis that the claimant's status under the Self Employment Assistance program is a relevant factor in determining whether the claimant "in that case . . . acted in bad faith, or in other words, dishonestly"4 when she made her statements to the Commission.
| Alice Desjardins J.A. |
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
| FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20000601 Docket: A-187-99 BETWEEN: CLAUDETTE MONTY Plaintiff - AND - THE ATTORNEY GENERAL OF CANADA Defendant REASONS FOR JUDGMENT |
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| FILE: A-187-99 |
| STYLE OF CAUSE: CLAUDETTE MONTY |
Plaintiff
AND
THE ATTORNEY GENERAL OF CANADA
Defendant
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: June 1, 2000 |
| REASONS FOR JUDGMENT BY: DESJARDINS J.A. |
| DATED: June 1, 2000 |
APPEARANCES:
| William de Merchant for the plaintiff |
| Paul Deschênes for the defendant |
SOLICITORS OF RECORD:
| CAMPEAU, OUELLET & ASSOCIÉS for the plaintiff |
Montréal, Quebec
| Morris Rosenberg for the defendant |
Deputy Attorney General of Canada
Ottawa, Ontario
__________________1 Unemployment Insurance Act, R.S.C. 1985, c. U-1, s. 33; see Claudette Monty: CUB 42596A, J.A. Forget, umpire.
4 Demers v. Canada (Employment Insurance Commission), A-171-98, F.C. ([1998] F.C.J. No. 1810), Pratte J.A.