NOËL J.A.
and
HARVEY BOOTON
Heard at Toronto, Ontario, on November 17, 2010.
Judgment delivered at Toronto, Ontario, on November 18, 2010.
REASONS FOR JUDGMENT BY: NOËL J.A.
CONCURRED IN BY: BLAIS C.J.
PELLETIER J.A.
Date: 20101118
Docket: A-61-10
Citation: 2010 FCA 311
CORAM: BLAIS C.J.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
HARVEY BOOTON
Respondent
NOËL J.A.
[1] The application for Judicial Review must be allowed. The Umpire failed to give effect to paragraph 35(1)(c) of the Employment Insurance Regulations which incorporates within the definition of “employment” the tenure of an office as defined in subsection 2(1) of the Canada Pension Plan, which in turn defines an “office” as meaning inter alia, “…the position of an individual entitling him to a fixed or ascertainable stipend or remuneration…”. The Respondent comes squarely within this definition.
[2] I would therefore allow the application for judicial review, set aside the decision of the Umpire and remit the matter to the Chief Umpire or his designate so that it may be decided again on the basis that the Respondent occupied an employment.
“Marc Noël”
“I agree.
Pierre Blais C.J.”
“I agree.
J.D. Denis Pelletier J.A.”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-61-10
(AN APPLICATION FOR JUDICIAL REVIEW, FROM A DECISION OF THE HONOURABLE MADAM JUSTICE STEVENSON, SITTING AS UMPIRE (EI ACT), DECISION DATED JANUARY 11, 2010, AS CUB DECISION #73843.)
STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA v.
HARVEY BOOTON
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: NOVEMBER 17, 2010
REASONS FOR JUDGMENT BY: NOËL J.A.
PELLETIER J.A.
APPEARANCES:
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FOR THE APPLICANT
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FOR THE RESPONDENT (ON HIS OWN BEHALF)
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SOLICITORS OF RECORD:
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DEPUTY ATTORNEY GENERAL OF CANADA TORONTO, ONTARIO
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FOR THE APPLICANT
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FOR THE RESPONDENT
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