Carrière v. Canada (Attorney General)
Court headnote
Carrière v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2001-10-25 Neutral citation 2001 FCA 323 File numbers A-476-00 Decision Content Date: 20011025 Docket: A-478-00 Montréal, Quebec, October 25, 2001 Coram: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. BETWEEN: LÉA CARRIÈRE Plaintiff and THE ATTORNEY GENERAL OF CANADA Defendant JUDGMENT The application for judicial review is allowed, the decision of the umpire is quashed and the matter is referred back to the chief umpire or to an umpire appointed by him for the claimant's appeal to be allowed and the matter referred back to the board of referees for re-hearing. The whole with costs. Alice Desjardins J.A. Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. Date: 20011025 Dockets: A-476-00 A-478-00 Neutral citation: 2001 FCA 323 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. Docket A-476-00 BETWEEN: LÉA CARRIÈRE Plaintiff and THE ATTORNEY GENERAL OF CANADA Defendant A-478-00 BETWEEN: LÉA CARRIÈRE Plaintiff and THE ATTORNEY GENERAL OF CANADA Defendant Hearing held at Montréal, Quebec on October 25, 2001 Judgment from the bench at Montréal, Quebec on October 25, 2001 REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A. Date: 20011025 Dockets: A-476-00 A-478-00 Neutral citation: 2001 FCA 323 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. Docket A-476-00 BETWEEN: LÉA CARRIÈRE Plaintiff and THE ATTORNEY GENERAL OF CANADA Defendant A-478-00 BETWEEN: LÉA CARRIÈRE Plaintiff and THE ATTORNEY GENER…
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Carrière v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2001-10-25 Neutral citation 2001 FCA 323 File numbers A-476-00 Decision Content Date: 20011025 Docket: A-478-00 Montréal, Quebec, October 25, 2001 Coram: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. BETWEEN: LÉA CARRIÈRE Plaintiff and THE ATTORNEY GENERAL OF CANADA Defendant JUDGMENT The application for judicial review is allowed, the decision of the umpire is quashed and the matter is referred back to the chief umpire or to an umpire appointed by him for the claimant's appeal to be allowed and the matter referred back to the board of referees for re-hearing. The whole with costs. Alice Desjardins J.A. Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. Date: 20011025 Dockets: A-476-00 A-478-00 Neutral citation: 2001 FCA 323 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. Docket A-476-00 BETWEEN: LÉA CARRIÈRE Plaintiff and THE ATTORNEY GENERAL OF CANADA Defendant A-478-00 BETWEEN: LÉA CARRIÈRE Plaintiff and THE ATTORNEY GENERAL OF CANADA Defendant Hearing held at Montréal, Quebec on October 25, 2001 Judgment from the bench at Montréal, Quebec on October 25, 2001 REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A. Date: 20011025 Dockets: A-476-00 A-478-00 Neutral citation: 2001 FCA 323 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. Docket A-476-00 BETWEEN: LÉA CARRIÈRE Plaintiff and THE ATTORNEY GENERAL OF CANADA Defendant A-478-00 BETWEEN: LÉA CARRIÈRE Plaintiff and THE ATTORNEY GENERAL OF CANADA Defendant REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec on October 25, 2001) DÉCARY J.A. [1] We consider that these applications for judicial review should be allowed. [2] The Commission cannot reconsider an application for benefits under s. 43(1) of the Unemployment Insurance Act after a thirty-six month delay unless under s. 43(6) it feels that a false or misleading statement was made. [3] In the case at bar the Commission, in an initial decision, found that there was a false or misleading statement. In a second decision it revised its earlier decision, found the claimant ineligible and sought reimbursement of the overpayment. The claimant appealed both decisions to the board of referees. [4] The board of referees upheld the two decisions but without dealing with the first in its reasons in any way. It goes without saying that under s. 79(1) of the Act the board of referees could not conclude without explanation that the claimant had made a false or misleading statement. [5] The applications for judicial review will be allowed with costs, the decisions of the umpire quashed and the cases referred back to the chief umpire or an umpire appointed by him for the claimant's appeals to be allowed and the matters returned to the board of referees for re-hearing. Robert Décary J.A. Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20011025 Dockets: A-476-00 A-478-00 Between: LÉA CARRIÈRE Plaintiff and THE ATTORNEY GENERAL OF CANADA Defendant REASONS FOR JUDGMENT OF THE COURT FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD FILES: A-476-00 and A-478-00 STYLE OF CAUSE: LEA CARRIÈRE Plaintiff and THE ATTORNEY GENERAL OF CANADA Defendant PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: October 25, 2001 REASONS FOR JUDGMENT OF COURT BY: DÉCARY J.A. DATE: October 25, 2001 APPEARANCES: Gilbert Nadon FOR THE PLAINTIFF Paul Deschênes FOR THE DEFENDANT SOLICITORS OF RECORD: Ouellet, Nadon & Associés FOR THE PLAINTIFF Montréal, Quebec Morris Rosenberg FOR THE DEFENDANT Deputy Attorney General of Canada Montréal, Quebec Date: 20011025 Docket: A-476-00 Montréal, Quebec, October 25, 2001 Coram: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. BETWEEN: LÉA CARRIÈRE Plaintiff and THE ATTORNEY GENERAL OF CANADA Defendant JUDGMENT The application for judicial review is allowed, the decision of the umpire is quashed and the matter is referred back to the chief umpire or to an umpire appointed by him for the claimant's appeal to be allowed and the matter referred back to the board of referees for re-hearing. The whole with costs. Alice Desjardins J.A. Certified true translation Suzanne M. Gauthier, LL.L. Trad. a.
Source: decisions.fca-caf.gc.ca