Date: 20030226
Docket: A-43-02
Montréal, Quebec, February 26, 2003
CORAM: DESJARDINS J.A.
NOËL J.A.
NADON J.A.
BETWEEN:
DANIEL DUBOIS
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
JUDGMENT
The application for judicial review is dismissed with costs.
"Alice Desjardins"
J.A.
Certified true translation
Suzanne Gauthier, C. Tr., LL.L
Date: 20030226
Docket: A-43-02
Neutral Citation: 2003 FCA 103
CORAM: DESJARDINS J.A.
NOËL J.A.
NADON J.A.
BETWEEN:
DANIEL DUBOIS
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Hearing held at Montréal, Quebec, February 26, 2003.
Judgment delivered from the bench at Montréal, Quebec, February 26, 2003.
REASONS FOR JUDGMENT OF THE COURT: DESJARDINS J.A.
Date: 20030226
Docket: A-43-02
Neutral Citation: 2003 FCA 103
CORAM: DESJARDINS J.A.
NOËL J.A.
NADON J.A.
BETWEEN:
DANIEL DUBOIS
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Pronounced from the bench at Montréal, Quebec,
February 26, 2003.)
DESJARDINS J.A.
[1] We are of the opinion that the Umpire committed no error that would warrant our intervention.
[2] The Board of Referees, as the Umpire noted, failed to ask itself whether the beneficiary had breached an implicit obligation in his contract of employment with his employer and whether, as a result, he had lost his employment by reason of his misconduct.
[3] The Umpire answered this question and we are unable to say that his reply is unreasonable.
[4] The application for judicial review will be dismissed with costs.
"Alice Desjardins"
J.A.
Montréal, Quebec
February 26, 2003
Certified true translation
Suzanne Gauthier, C. Tr., LL.L
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20030226
Docket: A-43-02
Between:
DANIEL DUBOIS
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
FEDERAL COURT OF CANADA
APPEAL DIVISION
SOLICITORS OF RECORD
DOCKET: A-43-02
CORAM: DESJARDINS J.A.
NOËL J.A.
NADON J.A.
STYLE:
DANIEL DUBOIS
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: February 26, 2003
REASONS FOR JUDGMENT OF THE COURT: DESJARDINS J.A.
DATED: February 26, 2003
APPEARANCES:
Gilbert Nadon FOR THE APPLICANT
Pauline Leroux FOR THE RESPONDENT
SOLICITORS OF RECORD:
Ouellet, Nadon & Associés FOR THE APPLICANT
Montréal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Montréal, Quebec