Federal Court of Appeal Decisions

Decision Information

Canada (Attorney General) v. Boucher Dancause

Court (s) Database Federal Court of Appeal Decisions
Date 2010-10-14
Neutral citation 2010 FCA 270
File numbers A-64-10

Decision Content

Date: 20101014

Docket: A-64-10

Citation: 2010 FCA 270

 

CORAM:       NADON J.A.

                        TRUDEL J.A.

                        MAINVILLE J.A.

 

BETWEEN:

THE ATTORNEY GENERAL OF CANADA

Applicant

and

GISÈLE BOUCHER DANCAUSE

Respondent

 

 

 

Hearing held at Montréal, Quebec, on October 14, 2010.

Judgment delivered from the Bench at Montréal, Quebec, on October 14, 2010.

 

 

REASONS FOR JUDGMENT OF THE COURT BY:                                                NADON J.A.

 

Date: 20101014

Docket: A-64-10

Citation: 2010 FCA 270

 

CORAM:       NADON J.A.

                        TRUDEL J.A.

                        MAINVILLE J.A.

 

BETWEEN:

THE ATTORNEY GENERAL OF CANADA

Applicant

and

GISÈLE BOUCHER DANCAUSE

Respondent

 

 

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Montréal, Quebec, on October 14, 2010)

NADON J.A.

[1]               We are of the view that the amount of $26,451 received by the respondent was paid to her because of the severance of her employment relationship.

 

[2]               Furthermore, in light of the evidence, we are satisfied that there was a sufficient connection between the respondent’s employment and the amount of $26,451 and, consequently, that said amount constituted earnings within the meaning of section 35 of the Employment Insurance Regulations. The respondent has not persuaded us that the amount of $26,451 represents anything other than earnings. In these circumstances, the Umpire should have intervened to correct the error of the Board of Referees.

 

[3]               For these reasons, the application for judicial review will be allowed, the Umpire’s decision (CUB 738291) will be set aside and the matter will be referred back to the Chief Umpire or his designate for redetermination on the basis that the amount of $26,451 constitutes earnings within the meaning of section 35 of the Employment Insurance Regulations and must be allocated in accordance with subsection 36(9) of the Regulations. Without costs.

 

 

“M. Nadon”

J.A.

 

 

 

Certified true translation

Michael Palles

FEDERAL COURT OF APPEAL

 

SOLICITORS OF RECORD

 

 

DOCKET:                                                                              A-64-10

 

STYLE OF CAUSE:                                                              A.G.C. v. GISÈLE BOUCHER DANCAUSE

 

 

PLACE OF HEARING:                                                        Montréal, Quebec

 

 

DATE OF HEARING:                                                          October 14, 2010

 

 

REASONS FOR JUDGMENT OF THE COURT BY:       NADON, TRUDEL and MAINVILLE JJ.A.

 

DELIVERED FROM THE BENCH BY:                            NADON J.A.

 

 

APPEARANCES:

 

Chantal Labonté

Pauline Leroux

 

FOR THE APPLICANT

 

Eugène Abarrategui

FOR THE RESPONDENT

 

 

 

SOLICITORS OF RECORD:

 

Myles J. Kirvan

Deputy Attorney General of Canada

 

FOR THE APPLICANT

 

Eugène Abarrategui

Association des gestionnaires des établissements de santé et de services sociaux

Longueuil, Quebec

FOR THE RESPONDENT

 

 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.