Canada (Attorney General) v. Vallée
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Canada (Attorney General) v. Vallée Court (s) Database Federal Court of Appeal Decisions Date 2009-05-27 Neutral citation 2009 FCA 176 File numbers A-430-08 Decision Content Date: 20090527 Docket: A-430-08 Citation: 2009 FCA 176 CORAM: DESJARDINS J.A. NOËL J.A. BLAIS J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and YVES VALLÉE Respondent Hearing held at Montréal, Quebec, on May 27, 2009. Judgment delivered from the Bench at Montréal, Quebec, on May 27, 2009. REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. Cour d'appel fédérale CANADA Federal Court of Appeal Date: 20090527 Docket : A-430-08 Citation: 2009 FCA 176 CORAM: DESJARDINS J.A. NOËL J.A. BLAIS J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and YVES VALLÉE Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on May 27, 2009) DESJARDINS J.A. [1] We are all of the opinion that the Umpire was not authorized to intervene unless he explained how the decision of the Board of Referees was unreasonable, which he did not do (Attorney General of Canada v. McBride, 2009 FCA 1). [2] The Umpire simply substituted his assessment of the facts for that of the Board of Referees in his analysis of the requirements of subsection 10(5) of the Employment Insurance Act, S.C. 1996, c. 23, which he could not do. [3] The application for judicial review will be allowed, the Umpire’s decision set aside and the matter referred back to the Chief Umpire or his delegate for redetermination on the…
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Canada (Attorney General) v. Vallée Court (s) Database Federal Court of Appeal Decisions Date 2009-05-27 Neutral citation 2009 FCA 176 File numbers A-430-08 Decision Content Date: 20090527 Docket: A-430-08 Citation: 2009 FCA 176 CORAM: DESJARDINS J.A. NOËL J.A. BLAIS J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and YVES VALLÉE Respondent Hearing held at Montréal, Quebec, on May 27, 2009. Judgment delivered from the Bench at Montréal, Quebec, on May 27, 2009. REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. Cour d'appel fédérale CANADA Federal Court of Appeal Date: 20090527 Docket : A-430-08 Citation: 2009 FCA 176 CORAM: DESJARDINS J.A. NOËL J.A. BLAIS J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and YVES VALLÉE Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on May 27, 2009) DESJARDINS J.A. [1] We are all of the opinion that the Umpire was not authorized to intervene unless he explained how the decision of the Board of Referees was unreasonable, which he did not do (Attorney General of Canada v. McBride, 2009 FCA 1). [2] The Umpire simply substituted his assessment of the facts for that of the Board of Referees in his analysis of the requirements of subsection 10(5) of the Employment Insurance Act, S.C. 1996, c. 23, which he could not do. [3] The application for judicial review will be allowed, the Umpire’s decision set aside and the matter referred back to the Chief Umpire or his delegate for redetermination on the basis that the respondent’s appeal must be dismissed. [4] The applicant claims no costs. “Alice Desjardins” J.A. Certified true translation Tu-Quynh Trinh FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-430-08 (JUDICIAL REVIEW OF A DECISION OF UMPIRE R. J. MARIN, DATED JUNE 30, 2008, FILE NO. CUB 69486A). STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA v. YVES VALLÉE PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: May 27, 2009 REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. NOËL J.A. BLAIS J.A. DELIVERED FROM THE BENCH BY: DESJARDINS J.A. APPEARANCES: Pauline Leroux FOR THE APPLICANT Jean-Guy Ouellet FOR THE RESPONDENT SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada Montréal, Quebec FOR THE APPLICANT Ouellet, Nadon & Associés Montréal, Quebec FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca