Lapointe v. Canada (Attorney General)

Lapointe v. Canada (Attorney General)
Court (s) Database
Federal Court of Appeal Decisions
Date
2011-02-21
Neutral citation
2011 FCA 66
File numbers
A-212-10
Decision Content
Federal Court of Appeal
Cour d’appel fédérale
Date: 20110221
Docket: A-212-10
Citation: 2011 FCA 66
CORAM: NOËL J.A.
TRUDEL J.A.
MAINVILLE J.A.
BETWEEN:
KEVIN LAPOINTE
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
Hearing held at Montréal, Quebec, on February 21, 2011.
Judgment delivered from the Bench at Montréal, Quebec, on February 21, 2011.
REASONS FOR JUDGMENT OF THE COURT BY: MAINVILLE J.A.
Federal Court of Appeal
Cour d’appel fédéral
Date: 20110221
Docket: A-212-10
Citation: 2011 FCA 66
CORAM: NOËL J.A.
TRUDEL J.A.
MAINVILLE J.A.
BETWEEN:
KEVIN LAPOINTE
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montréal, Quebec, on February 21, 2011)
MAINVILLE J.A.
[1] The applicant is seeking judicial review of a decision by Umpire Marin numbered CUB 74304 which dismissed the applicant’s appeal of a decision of a board of referees constituted pursuant to the Employment Insurance Act, S.C. 1996, c. 23. This board of referees upheld a decision by the Employment Insurance Commission according to which the applicant had not accumulated a sufficient number of hours of insurable employment in the applicable qualifying period for receiving benefits.
[2] Counsel for the applicant has not satisfied us that there are any grounds to intervene on the issues he raised.
[3] Moreover, the board of referees, in a second decision, invited the applicant to file an appeal regarding the [translation] “antedating”. This issue was not raised in the subsequent appeal before the Umpire or before this Court and therefore cannot be reviewed.
[4] Consequently, the application for judicial review will be dismissed, but without costs, given the circumstances of this case.
“Robert M. Mainville”
J.A.
Certified true translation
Michael Palles
Federal Court of Appeal
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Docket: A-212-10
STYLE OF CAUSE: KEVIN LAPOINTE v.
ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: February 21, 2011
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
TRUDEL J.A.
MAINVILLE J.A.
DELIVERED FROM THE BENCH BY: MAINVILLE J.A.
APPEARANCES:
Jean-Yves Therrien
FOR THE APPLICANT
Pauline Leroux
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Jean-Yves Therrien
Montréal, Quebec
FOR THE APPLICANT
Myles J. Kirvan
Deputy Attorney General of Canada
FOR THE RESPONDENT