Brosseau c. Canada (Procureur général)
Court headnote
Brosseau c. Canada (Procureur général) Court (s) Database Federal Court of Appeal Decisions Date 2001-02-27 Neutral citation 2001 FCA 42 File numbers A-641-99 Decision Content Date: 20010227 Docket: A-641-99 Montréal, Quebec, Tuesday, February 27, 2001 Coram: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. Between: NICOLE BROSSEAU Plaintiff AND THE ATTORNEY GENERAL OF CANADA Defendant J U D G M E N T The application for judicial review is allowed, the decision of the umpire is quashed and the matters is referred back to the chief umpire or his delegate to be decided on the basis that the Commission's appeal should be dismissed. The whole with costs. Marc Noël J.A. Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. Date: 20010227 Docket: A-641-99 Neutral reference: 2001 FCA 42 Coram: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. Between: NICOLE BROSSEAU Plaintiff AND THE ATTORNEY GENERAL OF CANADA Defendant Hearing held at Montréal, Quebec on Tuesday, February 27, 2001 Judgment from the bench at Montréal, Quebec on Tuesday, February 27, 2001 REASONS FOR JUDGMENT BY: NOËL J.A. Date: 20010227 Docket: A-641-99 Neutral reference: 2001 FCA 42 Coram: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. Between: NICOLE BROSSEAU Plaintiff AND THE ATTORNEY GENERAL OF CANADA Defendant REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec on Tuesday, February 27, 2001) NOËL J.A. [1] The Commission argued before the board of referees that the plaintiff was not available f…
Read full judgment
Brosseau c. Canada (Procureur général) Court (s) Database Federal Court of Appeal Decisions Date 2001-02-27 Neutral citation 2001 FCA 42 File numbers A-641-99 Decision Content Date: 20010227 Docket: A-641-99 Montréal, Quebec, Tuesday, February 27, 2001 Coram: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. Between: NICOLE BROSSEAU Plaintiff AND THE ATTORNEY GENERAL OF CANADA Defendant J U D G M E N T The application for judicial review is allowed, the decision of the umpire is quashed and the matters is referred back to the chief umpire or his delegate to be decided on the basis that the Commission's appeal should be dismissed. The whole with costs. Marc Noël J.A. Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. Date: 20010227 Docket: A-641-99 Neutral reference: 2001 FCA 42 Coram: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. Between: NICOLE BROSSEAU Plaintiff AND THE ATTORNEY GENERAL OF CANADA Defendant Hearing held at Montréal, Quebec on Tuesday, February 27, 2001 Judgment from the bench at Montréal, Quebec on Tuesday, February 27, 2001 REASONS FOR JUDGMENT BY: NOËL J.A. Date: 20010227 Docket: A-641-99 Neutral reference: 2001 FCA 42 Coram: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. Between: NICOLE BROSSEAU Plaintiff AND THE ATTORNEY GENERAL OF CANADA Defendant REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec on Tuesday, February 27, 2001) NOËL J.A. [1] The Commission argued before the board of referees that the plaintiff was not available for work. The board of referees considered this question and came to the conclusion that she was available. [2] The umpire came to the opposite conclusion. In so doing, he substituted his interpretation of the facts for that of the board of referees and this he could not do. [3] The application will be allowed with costs, the decision of the umpire quashed and the matter referred back to the chief umpire or his delegate to be again decided on the basis that the Commission's appeal should have been dismissed. Marc Noël J.A. Montréal, Quebec February 27, 2001 Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20010227 Docket: A-641-99 Between: NICOLE BROSSEAU 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-641-99 STYLE OF CAUSE: NICOLE BROSSEAU Plaintiff AND THE ATTORNEY GENERAL OF CANADA Defendant PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: February 27, 2001 REASONS FOR JUDGMENT BY: Noël J.A. DATED: February 27, 2001 APPEARANCES: Claudine Barabé FOR THE PLAINTIFF Paul Deschênes FOR THE DEFENDANT SOLICITORS OF RECORD: Ouellet, Nadon & Associés FOR THE PLAINTIFF Montréal, Quebec Morris Rosenberg FOR THE DEFENDANT Deputy Attorney General of Canada Montréal, Quebec
Source: decisions.fca-caf.gc.ca