Canada (Attorney General) v. Marchand

Canada (Attorney General) v. Marchand
Court (s) Database
Federal Court of Appeal Decisions
Date
2002-11-18
Neutral citation
2002 FCA 456
File numbers
A-248-01
Decision Content
Date: 20021118
Docket: A-248-01
Québec, Quebec, November 18, 2002
CORAM: CHIEF JUSTICE RICHARD
DÉCARY J.A.
NOËL J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
ANDRÉ MARCHAND
Respondent
Notice of application by the applicant for the purposes of obtaining an order overturning the decision of the umpire delivered on March 21, 2001, in docket CUB50988 under the Employment Insurance Act.
(Section 28 of the Federal Court Act)
JUDGMENT
The application for judicial review is dismissed with costs.
"John D. Richard"
Chief Justice
Certified true translation
Suzanne M. Gauthier, C.Tr., LL.L.
Date: 20021118
Docket: A-248-01
Neutral Citation: 2002 FCA 456
CORAM: CHIEF JUSTICE RICHARD
DÉCARY J.A.
NOËL J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
ANDRÉ MARCHAND
Respondent
Heard at Québec, Quebec, on November 18, 2002.
Judgment delivered from the Bench at Québec, Quebec, on November 18, 2002.
REASONS FOR JUDGMENT OF THE COURT BY: CHIEF JUSTICE RICHARD
Date: 20021118
Docket: A-248-01
Neutral Citation: 2002 FCA 456
CORAM: CHIEF JUSTICE RICHARD
DÉCARY J.A.
NOËL J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
ANDRÉ MARCHAND
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Québec, Quebec
on November 18, 2002)
CHIEF JUSTICE RICHARD
[1] We are unable to intervene on the basis of the record as constituted before our Court. The umpire himself noted that the absence of a transcript of the memoranda substantially limited a full assessment of the facts.
[2] The application for judicial review will be dismissed with costs.
"John D. Richard"
Chief Justice
Certified true translation
Suzanne M. Gauthier, C.Tr., LL.L.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20021118
Docket: A-248-01
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
ANDRÉ MARCHAND
Respondent
REASONS FOR JUDGMENT OF THE COURT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE NO: A-248-01
STYLE: ATTORNEY GENERAL OF CANADA
and
ANDRÉ MARCHAND
PLACE OF HEARING: Québec, Quebec
DATE OF HEARING: November 18, 2002
REASONS FOR JUDGMENT OF THE COURT BY THE HONOURABLE CHIEF JUSTICE RICHARD
CONCURRING: Décary J.A.
Noël J.A.
DATED: November 18, 2002
APPEARANCES:
Carole Bureau for the applicant
Jean Laroche for the respondent
SOLICITORS OF RECORD:
DEPARTMENT OF JUSTICE
Montréal, Quebec for the applicant
SAUVÉ ET ROY
Québec, Quebec for the respondent