Bedard c. Canada (Procureur General)
Court headnote
Bedard c. Canada (Procureur General) Court (s) Database Federal Court of Appeal Decisions Date 2001-03-19 Neutral citation 2001 FCA 76 File numbers A-811-99 Decision Content Date: 20010319 Docket: A-811-99 Coram: DÉCARY J.A. LÉTOURNEAU J.A. NOËL J.A. Between: ANDRÉ BÉDARD Plaintiff AND THE ATTORNEY GENERAL OF CANADA Defendant Hearing held at Montréal, Quebec on Monday, March 19, 2001 Judgment from the bench at Montréal, Quebec on Monday, March 19, 2001 REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20010319 Docket: A-811-99 Neutral reference: 2001 FCA 76 Coram: DÉCARY J.A. LÉTOURNEAU J.A. NOËL J.A. Between: ANDRÉ BÉDARD Plaintiff AND THE ATTORNEY GENERAL OF CANADA Defendant REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec on Monday, March 19, 2001) NOËL J.A. [1] The decision of the board of referees, which was affirmed by the umpire, concluded that the appellant had voluntarily left his employment while in the same breath it acknowledged that the departure was due to a misunderstanding. [2] In our view, the board should in the circumstances have considered the question of whether the appellant left his employment within the meaning of section 29 of the Employment Insurance Act, S.C. 1996, c. 23, and if so, whether that termination of employment was voluntary. Neither the board nor the umpire considered these questions. [3] Accordingly, the application for judicial review will be allowed with costs, the decision by the umpire will be quash…
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Bedard c. Canada (Procureur General) Court (s) Database Federal Court of Appeal Decisions Date 2001-03-19 Neutral citation 2001 FCA 76 File numbers A-811-99 Decision Content Date: 20010319 Docket: A-811-99 Coram: DÉCARY J.A. LÉTOURNEAU J.A. NOËL J.A. Between: ANDRÉ BÉDARD Plaintiff AND THE ATTORNEY GENERAL OF CANADA Defendant Hearing held at Montréal, Quebec on Monday, March 19, 2001 Judgment from the bench at Montréal, Quebec on Monday, March 19, 2001 REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20010319 Docket: A-811-99 Neutral reference: 2001 FCA 76 Coram: DÉCARY J.A. LÉTOURNEAU J.A. NOËL J.A. Between: ANDRÉ BÉDARD Plaintiff AND THE ATTORNEY GENERAL OF CANADA Defendant REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec on Monday, March 19, 2001) NOËL J.A. [1] The decision of the board of referees, which was affirmed by the umpire, concluded that the appellant had voluntarily left his employment while in the same breath it acknowledged that the departure was due to a misunderstanding. [2] In our view, the board should in the circumstances have considered the question of whether the appellant left his employment within the meaning of section 29 of the Employment Insurance Act, S.C. 1996, c. 23, and if so, whether that termination of employment was voluntary. Neither the board nor the umpire considered these questions. [3] Accordingly, the application for judicial review will be allowed with costs, the decision by the umpire will be quashed and the matter will be referred back to the chief umpire or his delegate with directions that the claimant's appeal should be allowed and the matter referred back to the board of referees for re-hearing. Marc Noël J.A. Montréal, Quebec March 19, 2001 Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20010319 Docket: A-811-99 Between: ANDRÉ BÉDARD 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-811-99 CORAM: DÉCARY J.A. LÉTOURNEAU J.A. NOËL J.A. STYLE OF CAUSE: ANDRÉ BÉDARD Plaintiff AND THE ATTORNEY GENERAL OF CANADA Defendant PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: March 19, 2001 REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. DATED: March 19, 2001 APPEARANCES: François DeVette FOR THE PLAINTIFF Paul Deschênes FOR THE DEFENDANT SOLICITORS OF RECORD: François DeVette FOR THE PLAINTIFF Montréal, Quebec Morris Rosenberg FOR THE DEFENDANT Deputy Attorney General of Canada Montréal, Quebec Date: 20010319 Docket: A-811-99 Montréal, Quebec, Monday, March 19, 2001 Coram: DÉCARY J.A. LÉTOURNEAU J.A. NOËL J.A. Between: ANDRÉ BÉDARD Plaintiff AND THE ATTORNEY GENERAL OF CANADA Defendant JUDGMENT The application for judicial review is allowed with costs, the decision of the umpire is quashed and the matter is referred back to the chief umpire or his delegate to be again decided on the basis that the claimant's appeal should be allowed and the matter sent to the Board of referees for re-hearing. Robert Décary J.A. Certified true translation Suzanne M. Gauthier, LL.L. Trad. a.
Source: decisions.fca-caf.gc.ca