Canada (Attorney General) v. Smith
Court headnote
Canada (Attorney General) v. Smith Court (s) Database Federal Court of Appeal Decisions Date 2005-06-23 Neutral citation 2005 FCA 245 File numbers A-619-04 Decision Content Date: 20050623 Docket: A-619-04 Citation: 2005 FCA 245 CORAM: RICHARD C.J. DÉCARY J.A. NOËL J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and DOUGLAS P. SMITH Respondent Heard at St. John's, Newfoundland and Labrador, on June 23, 2005. Judgment delivered from the Bench at St. John's, Newfoundland and Labrador, on June 23, 2005. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20050623 Docket: A-619-04 Citation: 2005 FCA 245 CORAM: RICHARD C.J. DÉCARY J.A. NOËL J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and DOUGLAS P. SMITH Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at St. John's, Newfoundland and Labrador, on June 23, 2005) NOËL J.A. [1] This is an application for judicial review by the Attorney General from a decision of an Umpire allowing the respondent's appeal and setting aside the prior decision of the Board of Referees. [2] The Umpire found that the respondent was available for employment under paragraph 18(a) of the Employment Insurance Act, S.C. 1996, c. 23 despite being enrolled in a course of instruction. [3] In our view, there was no basis for the Umpire's intervention. The Board of Referees found that the claimant was not actively seeking employment during the relevant period, a finding that was amply supported by the evidence (Faucher v. Canada, [1…
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Canada (Attorney General) v. Smith Court (s) Database Federal Court of Appeal Decisions Date 2005-06-23 Neutral citation 2005 FCA 245 File numbers A-619-04 Decision Content Date: 20050623 Docket: A-619-04 Citation: 2005 FCA 245 CORAM: RICHARD C.J. DÉCARY J.A. NOËL J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and DOUGLAS P. SMITH Respondent Heard at St. John's, Newfoundland and Labrador, on June 23, 2005. Judgment delivered from the Bench at St. John's, Newfoundland and Labrador, on June 23, 2005. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20050623 Docket: A-619-04 Citation: 2005 FCA 245 CORAM: RICHARD C.J. DÉCARY J.A. NOËL J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and DOUGLAS P. SMITH Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at St. John's, Newfoundland and Labrador, on June 23, 2005) NOËL J.A. [1] This is an application for judicial review by the Attorney General from a decision of an Umpire allowing the respondent's appeal and setting aside the prior decision of the Board of Referees. [2] The Umpire found that the respondent was available for employment under paragraph 18(a) of the Employment Insurance Act, S.C. 1996, c. 23 despite being enrolled in a course of instruction. [3] In our view, there was no basis for the Umpire's intervention. The Board of Referees found that the claimant was not actively seeking employment during the relevant period, a finding that was amply supported by the evidence (Faucher v. Canada, [1997] F.C.J. 215 (FCA)). [4] The application for judicial review will therefore be allowed, the decision of the Umpire will be set aside and the matter will be remitted to the Chief Umpire or his designate for a new determination on the basis that the respondent was not available for work during the relevant period. As no costs were sought, none are awarded. "Marc Noël" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-619-04 STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA v. DOUGLAS P. SMITH PLACE OF HEARING: St. John's, Newfoundland and Labrador DATE OF HEARING: June 23, 2005 REASONS FOR JUDGMENT OF THE COURT: RICHARD C.J. DÉCARY J.A. NOËL J.A. DELIVERED FROM THE BENCH BY: NOËL J.A. DATED: June 23, 2005 APPEARANCES: Mr. W. Dean Smith for the Applicant Mr. Douglas P. Smith Respondent on his own behalf Mr. Frederick Smith SOLICITORS OF RECORD: John H. Sims, Q.C. for the Applicant Deputy Attorney General of Canada Ottawa, Ontario Mr. Douglas P. Smith Respondent on his own behalf Mr. Frederick Smith Hillview, NL
Source: decisions.fca-caf.gc.ca