De Lamirande v. Canada (Attorney General)
Court headnote
De Lamirande v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2004-09-21 Neutral citation 2004 FCA 311 File numbers A-598-03 Decision Content Date: 20040921 Docket: A-598-03 Citation: 2004 FCA 311 CORAM: DÉCARY J.A. NOËL J.A. PELLETIER J.A. BETWEEN: PIERRE DE LAMIRANDE Applicant and ATTORNEY GENERAL OF CANADA Respondent Hearing held at Montréal, Quebec, on September 21, 2004. Judgment delivered from the bench at Montréal, Quebec,on September 21, 2004. REASONS FOR JUDGMENT OF THE COURT: PELLETIER J.A. Date: 20040921 Docket: A-598-03 Citation: 2004 FCA 311 CORAM: DÉCARY J.A. NOËL J.A. PELLETIER J.A. BETWEEN: PIERRE DE LAMIRANDE Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on September 21, 2004) PELLETIER J.A. [1] In our opinion, the Umpire properly understood the law when he said at page 3 of his reasons: The case law holds that a claimant cannot merely wait to be called in to work but must seek employment in order to be entitled to benefits (CUB 35563, CUB 23425 and CUB 52936). In effect, the claimant proposes that claimants who wish to receive benefits while on vacation have only to make themselves available on call. This undermines the purpose of the Employment Insurance system, which is to compensate workers who are unemployed for reasons beyond their control. This cannot apply to workers who take vacations on dates of their choice. See also this Cou…
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De Lamirande v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2004-09-21 Neutral citation 2004 FCA 311 File numbers A-598-03 Decision Content Date: 20040921 Docket: A-598-03 Citation: 2004 FCA 311 CORAM: DÉCARY J.A. NOËL J.A. PELLETIER J.A. BETWEEN: PIERRE DE LAMIRANDE Applicant and ATTORNEY GENERAL OF CANADA Respondent Hearing held at Montréal, Quebec, on September 21, 2004. Judgment delivered from the bench at Montréal, Quebec,on September 21, 2004. REASONS FOR JUDGMENT OF THE COURT: PELLETIER J.A. Date: 20040921 Docket: A-598-03 Citation: 2004 FCA 311 CORAM: DÉCARY J.A. NOËL J.A. PELLETIER J.A. BETWEEN: PIERRE DE LAMIRANDE Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on September 21, 2004) PELLETIER J.A. [1] In our opinion, the Umpire properly understood the law when he said at page 3 of his reasons: The case law holds that a claimant cannot merely wait to be called in to work but must seek employment in order to be entitled to benefits (CUB 35563, CUB 23425 and CUB 52936). In effect, the claimant proposes that claimants who wish to receive benefits while on vacation have only to make themselves available on call. This undermines the purpose of the Employment Insurance system, which is to compensate workers who are unemployed for reasons beyond their control. This cannot apply to workers who take vacations on dates of their choice. See also this Court's decision in Canada (Attorney General) v. Cornelissen-O'Neill (1994), 174 N.R. 78. [2] The application for judicial review will therefore be dismissed with costs. "J. D. Denis Pelletier" J.A. Certified true translation Kelley A. Harvey, BA, BCL, LLB. FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-598-03 STYLE OF CAUSE: PIERRE DE LAMIRANDE Applicant and ATTORNEY GENERAL OF CANADA Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: September 21, 2004 REASONS FOR JUDGMENT OF THE COURT: (DÉCARY, NOËL, PELLETIER, JJ.A.) DELIVERED FROM THE BENCH BY: PELLETIER J.A. APPEARANCES: Guy Martin FOR THE APPLICANT Pauline Leroux FOR THE RESPONDENT SOLICITORS OF RECORD: Pépin et Roy Montréal, Quebec FOR THE APPLICANT Morris Rosenberg Deputy Attorney General of Canada Montréal, Quebec FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca