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Federal Court of Appeal |
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BETWEEN:
and
Respondent
Hearing held at Québec, Quebec, on September 23, 2010.
Judgment delivered from the Bench at Québec, Quebec, on September 23, 2010.
REASONS FOR JUDGMENT OF THE COURT BY: TRUDEL J.A.
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Cour d’appel fédérale |
Date: 20100923
Docket: A-509-09
Citation: 2010 FCA 241
CORAM: NOËL J.A.
PELLETIER J.A.
TRUDEL J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
HENRI-LOUIS GAGNON
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Québec, Quebec, on September 23, 2010)
[1] The Umpire was apparently misled by the Commission’s assertion that it had limited its calculation of the hours to November 3, 2007. He interpreted that to mean that the Commission had not included the hours worked prior to that date, but it had indeed done so. With respect, the Umpire was wrong to intervene.
[2] Accordingly, the application will be allowed without costs, the Umpire’s decision set aside and the matter referred back to the Chief Umpire or his designate for redetermination on the basis that the Commission’s appeal must be allowed on the ground that the claimant had not accumulated the hours required to be entitled to benefits.
Certified true translation
Tu-Quynh Trinh
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-509-09
STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA
v. HENRI-LOUIS GAGNON
PLACE OF HEARING: Québec, Quebec
DATE OF HEARING: September 23, 2010
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
PELLETIER J.A.
TRUDEL J.A.
DELIVERED FROM THE BENCH BY: TRUDEL J.A.
APPEARANCES:
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FOR THE APPLICANT
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(on his own behalf) |
FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Deputy Attorney General of Canada Montréal, Quebec |
FOR THE APPLICANT
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