Bouvidard Ltée. c. Commission de l'assurance emploi
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Bouvidard Ltée. c. Commission de l'assurance emploi Court (s) Database Federal Court of Appeal Decisions Date 2001-02-01 Neutral citation 2001 FCA 1 File numbers A-586-98 Decision Content Date: 20010201 Docket: A-586-98 CORAM: DESJARDINS J.A. DÉCARY J.A. LÉTOURNEAU J.A. BETWEEN: BOUVIDARD LTÉE 23 Saint-Jean-Baptiste Baie St-Paul, Quebec G0A 1B0 Plaintiff - AND - EMPLOYMENT INSURANCE COMMISSION created pursuant to the Employment Insurance Act Defendant Hearing held at Québec, Quebec on Thursday, February 1, 2001. Judgment from the bench at Québec, Quebec on Thursday, February 1, 2001. REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. Date: 20010201 Docket: A-586-98 Reference: 2001 FCA 1 CORAM: DESJARDINS J.A. DÉCARY J.A. LÉTOURNEAU J.A. BETWEEN: BOUVIDARD LTÉE 23 Saint-Jean-Baptiste Baie St-Paul, Quebec G0A 1B0 Plaintiff - AND - EMPLOYMENT INSURANCE COMMISSION created pursuant to the Employment Insurance Act Defendant REASONS FOR JUDGMENT (Delivered from the bench at Québec, Quebec on Thursday, February 1, 2001) DESJARDINS J.A. [1] This application for judicial review cannot succeed. [2] The second board of referees was not bound by the decision of the earlier board. It had to consider the evidence before it. The record before the second board of referees contained evidence on which the latter could base its conclusion as it did, without committing an error of principle (Canada (Attorney General) v. McCarthy (F.C.A.), [1994] F.C.A. No. 1158, [1994] 174 N.R. 28). [3] The um…
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Bouvidard Ltée. c. Commission de l'assurance emploi Court (s) Database Federal Court of Appeal Decisions Date 2001-02-01 Neutral citation 2001 FCA 1 File numbers A-586-98 Decision Content Date: 20010201 Docket: A-586-98 CORAM: DESJARDINS J.A. DÉCARY J.A. LÉTOURNEAU J.A. BETWEEN: BOUVIDARD LTÉE 23 Saint-Jean-Baptiste Baie St-Paul, Quebec G0A 1B0 Plaintiff - AND - EMPLOYMENT INSURANCE COMMISSION created pursuant to the Employment Insurance Act Defendant Hearing held at Québec, Quebec on Thursday, February 1, 2001. Judgment from the bench at Québec, Quebec on Thursday, February 1, 2001. REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. Date: 20010201 Docket: A-586-98 Reference: 2001 FCA 1 CORAM: DESJARDINS J.A. DÉCARY J.A. LÉTOURNEAU J.A. BETWEEN: BOUVIDARD LTÉE 23 Saint-Jean-Baptiste Baie St-Paul, Quebec G0A 1B0 Plaintiff - AND - EMPLOYMENT INSURANCE COMMISSION created pursuant to the Employment Insurance Act Defendant REASONS FOR JUDGMENT (Delivered from the bench at Québec, Quebec on Thursday, February 1, 2001) DESJARDINS J.A. [1] This application for judicial review cannot succeed. [2] The second board of referees was not bound by the decision of the earlier board. It had to consider the evidence before it. The record before the second board of referees contained evidence on which the latter could base its conclusion as it did, without committing an error of principle (Canada (Attorney General) v. McCarthy (F.C.A.), [1994] F.C.A. No. 1158, [1994] 174 N.R. 28). [3] The umpire accordingly did not err in deciding as he did. [4] The application for judicial review will therefore be dismissed with costs. Alice Desjardins J.A. Québec, Quebec February 1, 2001 Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. FEDERAL COURT OF APPEAL Date: 20010201 Docket: A-586-98 Between: BOUVIDARD LTÉE 23 Saint-Jean-Baptiste Baie St-Paul, Quebec G0A 1B0 Plaintiff - AND - EMPLOYMENT INSURANCE COMMISSION created pursuant to the Employment Insurance Act Defendant REASONS FOR JUDGMENT FEDERAL COURT APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE No.: A-586-98 STYLE OF CAUSE: BOUVIDARD LTÉE 23 Saint-Jean-Baptiste Baie St-Paul, Quebec G0A 1B0 Plaintiff - AND - EMPLOYMENT INSURANCE COMMISSION created pursuant to the Employment Insurance Act Defendant PLACE OF HEARING: Québec, Quebec DATE OF HEARING: February 1, 2001 REASONS FOR JUDGMENT OF THE COURT BY: Desjardins J.A. DATED: February 1, 2001 APPEARANCES: Vital Lévesque for the plaintiff Suzon Létourneau for the defendant SOLICITORS OF RECORD: DesRivières, Vermette & Ass. for the plaintiff Québec, Quebec Morris Rosenberg for the defendant Deputy Attorney General of Canada
Source: decisions.fca-caf.gc.ca