Lejeune v. Canada (Attorney General)
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Lejeune v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2009-05-26 Neutral citation 2009 FCA 172 File numbers A-233-08 Decision Content Cour d'appel fédérale CANADA Federal Court of Appeal Date: 20090526 Docket: A-233-08 Citation: 2009 FCA 172 CORAM: DÉCARY J.A. NOËL J.A. BLAIS J.A. BETWEEN: ROSAIRE LEJEUNE Applicant and ATTORNEY GENERAL OF CANADA Respondent Hearing held at Montréal, Quebec, on May 26, 2009. Judgment delivered from the Bench at Montréal, Quebec, on May 26, 2009. REASONS FOR JUDGMENT OF THE COURT BY: BLAIS J.A. Cour d'appel fédérale CANADA Federal Court of Appeal Date: 20090526 Docket: A-233-08 Citation: 2009 FCA 172 CORAM: DÉCARY J.A. NOËL J.A. BLAIS J.A. BETWEEN: ROSAIRE LEJEUNE Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on May 26, 2009) BLAIS J.A. [1] The issue in this case comes down to whether the applicant’s false representations were made knowingly. [2] The Commission imposed penalties and issued a notice of violation upon discovering further to an investigation that the applicant had failed to declare his business earnings, thereby making false representations. [3] The Umpire was right to set aside the decision of the Board of Referees, which had found that the applicant had not made false representations. [4] Once it is established that the applicant made representations he knew to be false, penalties are applicable. See Tur…
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Lejeune v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2009-05-26 Neutral citation 2009 FCA 172 File numbers A-233-08 Decision Content Cour d'appel fédérale CANADA Federal Court of Appeal Date: 20090526 Docket: A-233-08 Citation: 2009 FCA 172 CORAM: DÉCARY J.A. NOËL J.A. BLAIS J.A. BETWEEN: ROSAIRE LEJEUNE Applicant and ATTORNEY GENERAL OF CANADA Respondent Hearing held at Montréal, Quebec, on May 26, 2009. Judgment delivered from the Bench at Montréal, Quebec, on May 26, 2009. REASONS FOR JUDGMENT OF THE COURT BY: BLAIS J.A. Cour d'appel fédérale CANADA Federal Court of Appeal Date: 20090526 Docket: A-233-08 Citation: 2009 FCA 172 CORAM: DÉCARY J.A. NOËL J.A. BLAIS J.A. BETWEEN: ROSAIRE LEJEUNE Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on May 26, 2009) BLAIS J.A. [1] The issue in this case comes down to whether the applicant’s false representations were made knowingly. [2] The Commission imposed penalties and issued a notice of violation upon discovering further to an investigation that the applicant had failed to declare his business earnings, thereby making false representations. [3] The Umpire was right to set aside the decision of the Board of Referees, which had found that the applicant had not made false representations. [4] Once it is established that the applicant made representations he knew to be false, penalties are applicable. See Turgeon v. Canada (Employment and Immigration Commission), [1997] F.C.J. No. 167 (F.C.A.) (QL). [5] The applicant has failed to satisfy us that the Umpire erred in his judgment. The application for judicial review will be dismissed with costs. “Pierre Blais” J.A. Certified true translation Tu-Quynh Trinh FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-233-08 (JUDICIAL REVIEW OF A DECISION OF UMPIRE GUY COULARD DATED OCTOBER 26, 2007, FILE NO. CUB 69312). STYLE OF CAUSE: ROSAIRE LEJEUNE v. ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: May 26, 2009 REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A. NOËL J.A. BLAIS J.A. DELIVERED FROM THE BENCH BY: BLAIS J.A. APPEARANCES: Simon Corbeil FOR THE APPLICANT Paul Deschênes Liliane Bruneau FOR THE RESPONDENT SOLICITORS OF RECORD: Cain Lamarre Casgrain Wells Val d'Or, Quebec FOR THE APPLICANT John H. Sims, Q.C. Deputy Attorney General of Canada Montréal, Quebec FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca