Parsons v. Canada (Attorney General)
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Parsons v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2005-06-29 Neutral citation 2005 FCA 248 File numbers A-629-04 Decision Content Date: 20050629 Docket: A-629-04 Citation: 2005 FCA 248 CORAM: CHIEF JUSTICE RICHARD NOËL J.A. NADONJ.A. BETWEEN: KRISTOPHER PARSONS Applicant and ATTORNEY GENERAL OF CANADA Respondent Hearing held at Ottawa, Ontario, on June 29, 2005. Judgment delivered from the bench at Ottawa, Ontario, on June 29, 2005. REASONS FOR JUDGMENT OF THE COURT: NADON J.A. Date: 20050629 Docket: A-629-04 Citation: 2005 FCA 248 CORAM: CHIEF JUSTICE RICHARD NOËL J.A. NADONJ.A. BETWEEN: KRISTOPHER PARSONS Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Ottawa, Ontario, on June 29, 2005) NADON J.A. [1] We all agree that the Umpire was justified in intervening and making the decision that the Board of Referees should have made, given that the Board of Referees failed to consider relevant and significant evidence supporting the allegations of the applicant's misconduct. [2] After reviewing the evidence, the Umpire determined that there could be no doubt that by his absences and tardiness, the applicant showed a lack of concern with respect to his employer. [3] Accordingly, in the Umpire's opinion, the Commission's decision to the effect that the applicant had lost his employment because of his misconduct should be reestablished. [4] In our opinion, in so finding, the…
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Parsons v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2005-06-29 Neutral citation 2005 FCA 248 File numbers A-629-04 Decision Content Date: 20050629 Docket: A-629-04 Citation: 2005 FCA 248 CORAM: CHIEF JUSTICE RICHARD NOËL J.A. NADONJ.A. BETWEEN: KRISTOPHER PARSONS Applicant and ATTORNEY GENERAL OF CANADA Respondent Hearing held at Ottawa, Ontario, on June 29, 2005. Judgment delivered from the bench at Ottawa, Ontario, on June 29, 2005. REASONS FOR JUDGMENT OF THE COURT: NADON J.A. Date: 20050629 Docket: A-629-04 Citation: 2005 FCA 248 CORAM: CHIEF JUSTICE RICHARD NOËL J.A. NADONJ.A. BETWEEN: KRISTOPHER PARSONS Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Ottawa, Ontario, on June 29, 2005) NADON J.A. [1] We all agree that the Umpire was justified in intervening and making the decision that the Board of Referees should have made, given that the Board of Referees failed to consider relevant and significant evidence supporting the allegations of the applicant's misconduct. [2] After reviewing the evidence, the Umpire determined that there could be no doubt that by his absences and tardiness, the applicant showed a lack of concern with respect to his employer. [3] Accordingly, in the Umpire's opinion, the Commission's decision to the effect that the applicant had lost his employment because of his misconduct should be reestablished. [4] In our opinion, in so finding, the Umpire did not err in any way that would warrant our intervention. Further, it is obvious to us that the Board of Referees, in finding as it did, did not in any way understand the concept of misconduct supporting the Commission's decision. [5] For these reasons, the application for judicial review will be dismissed. "M. Nadon" J.A. Certified true translation Kelley A. Harvey, BCL, LLB FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-629-04 STYLE OF CAUSE: Kristopher Parsons v. Attorney General of Canada PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: June 29, 2005 REASONS FOR JUDGMENT OF THE COURT: (Richard C.J., Noël J.A., Nadon J.A. DELIVERED FROM THE BENCH (BY): Nadon J.A. APPEARANCES: Pierre Étienne Daignault Louis Michaud FOR THE APPLICANT Alexandre Kaufman FOR THE RESPONDENT SOLICITORS OF RECORD: CLINIQUE JURIDIQUE POPULAIRE DE PRESCOTT ET RUSSELL INC. Hawkesbury, Ontario FOR THE APPLICANT John H. Sim, Q.C. Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca