Thibault v. Canada (Attorney General)
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Thibault v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2006-02-02 Neutral citation 2006 FCA 43 File numbers A-379-05 Decision Content Date: 20060202 Docket: A-379-05 Citation: 2006 FCA 43 CORAM: LÉTOURNEAU J.A. NOËL J.A. NADON J.A. BETWEEN: MARTHE THIBAULT Applicant and ATTORNEY GENERAL OF CANADA Respondent Hearing held at Québec, Quebec, on January 25, 2006. Judgment delivered at Ottawa, Ontario, on February 2, 2006. REASONS FOR JUDGMENT OF THE COURT: LÉTOURNEAU J.A. CONCURRED IN BY: NOËL J.A. NADON J.A. Date: 20060202 Docket: A-379-05 Citation: 2006 FCA 43 CORAM: LÉTOURNEAU J.A. NOËL J.A. NADON J.A. BETWEEN: MARTHE THIBAULT Applicant and ATTORNEY GENERAL FOR CANADA Respondent REASONS FOR JUDGMENT LÉTOURNEAU J.A.: [1] On the basis of the evidence on record, I am satisfied that the lump-sum paid to the applicant by her employer was paid on account of a pension within the meaning of paragraph 35(2)(e) of the Employment Insurance Regulations, SOR/96-332. [2] Accordingly, the application for judicial review will be allowed without costs, the decision by the Umpire will be quashed, and the matter returned to the Chief Umpire or his designate for redetermination, taking into account that the appeal by the Commission of the decision of the Board of Referees must be dismissed. [3] I would award the applicant her disbursements, which I would assess at $300. “Gilles Létourneau” J.A. “I concur. Marc Noël J.A.” “I concur. M. Nadon J.A.” Certified…
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Thibault v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2006-02-02 Neutral citation 2006 FCA 43 File numbers A-379-05 Decision Content Date: 20060202 Docket: A-379-05 Citation: 2006 FCA 43 CORAM: LÉTOURNEAU J.A. NOËL J.A. NADON J.A. BETWEEN: MARTHE THIBAULT Applicant and ATTORNEY GENERAL OF CANADA Respondent Hearing held at Québec, Quebec, on January 25, 2006. Judgment delivered at Ottawa, Ontario, on February 2, 2006. REASONS FOR JUDGMENT OF THE COURT: LÉTOURNEAU J.A. CONCURRED IN BY: NOËL J.A. NADON J.A. Date: 20060202 Docket: A-379-05 Citation: 2006 FCA 43 CORAM: LÉTOURNEAU J.A. NOËL J.A. NADON J.A. BETWEEN: MARTHE THIBAULT Applicant and ATTORNEY GENERAL FOR CANADA Respondent REASONS FOR JUDGMENT LÉTOURNEAU J.A.: [1] On the basis of the evidence on record, I am satisfied that the lump-sum paid to the applicant by her employer was paid on account of a pension within the meaning of paragraph 35(2)(e) of the Employment Insurance Regulations, SOR/96-332. [2] Accordingly, the application for judicial review will be allowed without costs, the decision by the Umpire will be quashed, and the matter returned to the Chief Umpire or his designate for redetermination, taking into account that the appeal by the Commission of the decision of the Board of Referees must be dismissed. [3] I would award the applicant her disbursements, which I would assess at $300. “Gilles Létourneau” J.A. “I concur. Marc Noël J.A.” “I concur. M. Nadon J.A.” Certified true translation Michael Palles FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-379-05 STYLE OF CAUSE: MARTHE THIBAULT v. ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Québec, Quebec DATE OF HEARING: January 25, 2006 REASONS FOR JUDGMENT BY: Létourneau J.A. CONCURRED IN BY: Noël J.A. Nadon J.A. DATED: February 2, 2006 APPEARANCES: Marthe Thibault REPRESENTING HERSELF Carole Bureau/Antoine Lippé FOR THE RESPONDENT SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada Montréal, Quebec FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca
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