Canada (Attorney General) v. Clark
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Canada (Attorney General) v. Clark Court (s) Database Federal Court of Appeal Decisions Date 2007-05-07 Neutral citation 2007 FCA 181 File numbers A-315-06 Decision Content Date: 20070507 Docket: A-315-06 Citation: 2007 FCA 181 CORAM: RICHARD C.J. LINDEN J.A. RYER J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and JEFF CLARK Respondent Heard at Winnipeg, Manitoba, on May 7, 2007. Judgment delivered from the Bench at Winnipeg, Manitoba, on May 7, 2007. REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J. Date: 20070507 Docket: A-315-06 Citation: 2007 FCA 181 CORAM: RICHARD C.J. LINDEN J.A. RYER J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and JEFF CLARK Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Winnipeg, Manitoba by the Chief Justice on May 7, 2007) RICHARD C.J. [1] This is an application for judicial review of the decision dated June 8, 2006, (CUB65975) of the Honourable Paul Rouleau acting as Umpire under the Employment Insurance Act, S.C. 1996, c. 23 (the “Act”). The Umpire dismissed an appeal by the Canada Employment Insurance Commission (“Commission”) from a decision of the Board of Referees which held that the respondent did not lose his employment by reason of his own misconduct and that he was therefore entitled to benefits. [2] In the circumstances of this case, the Board of Referees was entitled to find on the evidence before it that the respondent’s failure to retain a valid driver’s licence did not amount to misconduc…
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Canada (Attorney General) v. Clark Court (s) Database Federal Court of Appeal Decisions Date 2007-05-07 Neutral citation 2007 FCA 181 File numbers A-315-06 Decision Content Date: 20070507 Docket: A-315-06 Citation: 2007 FCA 181 CORAM: RICHARD C.J. LINDEN J.A. RYER J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and JEFF CLARK Respondent Heard at Winnipeg, Manitoba, on May 7, 2007. Judgment delivered from the Bench at Winnipeg, Manitoba, on May 7, 2007. REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J. Date: 20070507 Docket: A-315-06 Citation: 2007 FCA 181 CORAM: RICHARD C.J. LINDEN J.A. RYER J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and JEFF CLARK Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Winnipeg, Manitoba by the Chief Justice on May 7, 2007) RICHARD C.J. [1] This is an application for judicial review of the decision dated June 8, 2006, (CUB65975) of the Honourable Paul Rouleau acting as Umpire under the Employment Insurance Act, S.C. 1996, c. 23 (the “Act”). The Umpire dismissed an appeal by the Canada Employment Insurance Commission (“Commission”) from a decision of the Board of Referees which held that the respondent did not lose his employment by reason of his own misconduct and that he was therefore entitled to benefits. [2] In the circumstances of this case, the Board of Referees was entitled to find on the evidence before it that the respondent’s failure to retain a valid driver’s licence did not amount to misconduct under s. 30 of the Act since it was not an essential condition of the employment that had been performed by him at the time of his dismissal. [3] Accordingly, the application for judicial review will be dismissed. "J. Richard" Chief Justice FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-315-06 STYLE OF CAUSE: The Attorney General of Canada v. Jeff Clark PLACE OF HEARING: Winnipeg, Manitoba DATE OF HEARING: May 7, 2007 REASONS FOR JUDGMENT OF THE COURT BY: Richard C.J. Linden J.A. Ryer J.A. DELIVERED FROM THE BENCH BY: Richard C.J. APPEARANCES: Mark Heseltine Department of Justice Edmonton, AB FOR THE APPLICANT Beverly Froese Winnipeg, MB FOR THE RESPONDENT SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE APPLICANT Public Interest Law Centre Winnipeg, MB FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca
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