Gagné c. Canada (Procureur Général)

Gagné c. Canada (Procureur Général)
Court (s) Database
Federal Court of Appeal Decisions
Date
2001-05-15
Neutral citation
2001 FCA 156
File numbers
A-839-99
Decision Content
Date: 20010515
Docket: A-839-99
MONTRÉAL, QUEBEC, MAY 15, 2001
Coram: DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
Between:
PIERRE GAGNÉ, residing at 2512 de Lombrette
in the city and district of Laval, H7L 4P4
Plaintiff
AND
THE ATTORNEY GENERAL OF CANADA
Defendant
JUDGMENT
The application for judicial review is allowed solely to return the matter to the umpire for him to allow the claimant's appeal with respect to the penalty and find that the amount should be $7,021 instead of $11,977.
Page: 2
There will be no costs.
Robert Décary
J.A.
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
Date: 20010515
Docket: A-839-99
Coram: DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
Between:
PIERRE GAGNÉ, residing at 2512 de Lombrette
in the city and district of Laval, H7L 4P4
Plaintiff
AND
THE ATTORNEY GENERAL OF CANADA
Defendant
Hearing held at Montréal, Quebec on Tuesday, May 15, 2001
Judgment from the bench at Montréal, Quebec on Tuesday, May 15, 2001
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
Date: 20010515
Docket: A-839-99
Neutral reference: 2001 FCA 156
Coram: DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
Between:
PIERRE GAGNÉ, residing at 2512 de Lombrette
in the city and district of Laval, H7L 4P4
Plaintiff
AND
THE ATTORNEY GENERAL OF CANADA
Defendant
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec
on Tuesday, May 15, 2001)
DÉCARY J.A.
[1] We consider that the umpire made no reviewable error in concluding that the claimant, who was operating his own business and by his own account spent most of his time on it, was not unemployed within the meaning of s. 30 of the Employment Insurance Regulations.
[2] However, the defendant admitted at the hearing that the amount of $11,977 imposed by the Commission as a penalty exceeded the maximum amount authorized by s. 38(2)(a) of the Employment Insurance Act. The maximum authorized was in fact $7,021.
[3] The application for judicial review will accordingly be allowed, but only so as to correct the amount of the penalty, and the matter will be referred back to the umpire for him to allow the claimant's appeal in respect of the penalty, which should be reduced from $11,977 to $7,021.
[4] In the circumstances, costs will not be awarded.
Robert Décary
J.A.
Montréal, Quebec
May 15, 2001
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20010515
Docket: A-839-99
Between:
PIERRE GAGNÉ
Plaintiff
AND
THE ATTORNEY GENERAL OF CANADA
Defendant
REASONS FOR JUDGMENT OF THE COURT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE: A-839-99
CORAM: DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
STYLE OF CAUSE: PIERRE GAGNÉ
Plaintiff
AND
THE ATTORNEY GENERAL OF CANADA
Defendant
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: May 15, 2001
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
DATE: May 15 ,2001
APPEARANCES:
Madeleine Leduc
FOR THE PLAINTIFF
Suzon Létourneau
FOR THE DEFENDANT
SOLICITORS OF RECORD:
Madeleine Leduc
Sainte-Thérèse, Quebec
FOR THE PLAINTIFF
Morris Rosenberg
Deputy Attorney General of Canada
Montréal, Quebec
FOR THE DEFENDANT