Bernard v. Canada (Attorney General)

Bernard v. Canada (Attorney General)
Court (s) Database
Federal Court of Appeal Decisions
Date
2002-10-22
Neutral citation
2002 FCA 405
File numbers
A-258-01
Decision Content
Date: 20021022
Docket: A-258-01
Montréal, Quebec, October 22, 2002
CORAM: DESJARDINS J.A.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
JOHANNE BERNARD
Plaintiff
and
THE ATTORNEY GENERAL OF CANADA
Defendant
JUDGMENT
The application for judicial review is dismissed with costs.
"Alice Desjardins"
Judge
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
Date: 20021022
Docket: A-258-01
Neutral citation: 2002 FCA 405
CORAM: DESJARDINS J.A.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
JOHANNE BERNARD
Plaintiff
and
THE ATTORNEY GENERAL OF CANADA
Defendant
Hearing held at Montréal, Quebec, on October 22, 2002.
Judgment from the bench at Montréal, Quebec, on October 22, 2002.
REASONS FOR JUDGMENT OF THE COURT: DESJARDINS J.A.
CONCURRED IN BY: NOËL J.A.
PELLETIER J.A.
Date: 20021022
Docket: A-258-01
Neutral citation: 2002 FCA 405
CORAM: DESJARDINS J.A.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
JOHANNE BERNARD
Plaintiff
and
THE ATTORNEY GENERAL OF CANADA
Defendant
REASON FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec,
on October 22, 2002.)
DESJARDINS J.A.
[1] The umpire dismissed the application to amend made by the claimant pursuant to s. 120 of the Employment Insurance Act, S.C. 1996, c. 23 ("the Act") on the ground that the facts alleged were not new facts within the meaning of the Act and case law.
[2] We see no error in that conclusion.
[3] In these circumstances, it is impossible for the Court to intervene with respect to the overpayment and penalties.
[4] The application for judicial review will therefore be dismissed with costs.
"Alice Desjardins"
Judge
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20021022
Docket: A-258-01
Between:
JOHANNE BERNARD
Plaintiff
and
THE ATTORNEY GENERAL OF CANADA
Defendant
REASONS FOR JUDGMENT OF THE COURT
FEDERAL COURT OF CANADA
APPEAL DIVISION
SOLICITORS OF RECORD
FILE: A-258-01
STYLE OF CAUSE: JOHANNE BERNARD
and
THE ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: October 22, 2002
REASONS FOR JUDGMENT OF THE COURT: DESJARDINS J.A.
CONCURRED IN BY: NOËL J.A.
PELLETIER J.A.
DATE OF REASONS: October 22, 2002
APPEARANCES:
Johanne Bernard FOR THE PLAINTIFF
Île-des-Soeurs, Verdun, Quebec (herself)
Pauline Leroux FOR THE DEFENDANT
SOLICITORS OF RECORD:
Morris Rosenberg FOR THE DEFENDANT
Deputy Attorney General of Canada
Montréal, Quebec