Canada (Attorney General) v. Boucher Dancause
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Canada (Attorney General) v. Boucher Dancause Court (s) Database Federal Court of Appeal Decisions Date 2010-10-14 Neutral citation 2010 FCA 270 File numbers A-64-10 Decision Content Date: 20101014 Docket: A-64-10 Citation: 2010 FCA 270 CORAM: NADON J.A. TRUDEL J.A. MAINVILLE J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and GISÈLE BOUCHER DANCAUSE Respondent Hearing held at Montréal, Quebec, on October 14, 2010. Judgment delivered from the Bench at Montréal, Quebec, on October 14, 2010. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20101014 Docket: A-64-10 Citation: 2010 FCA 270 CORAM: NADON J.A. TRUDEL J.A. MAINVILLE J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and GISÈLE BOUCHER DANCAUSE Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on October 14, 2010) NADON J.A. [1] We are of the view that the amount of $26,451 received by the respondent was paid to her because of the severance of her employment relationship. [2] Furthermore, in light of the evidence, we are satisfied that there was a sufficient connection between the respondent’s employment and the amount of $26,451 and, consequently, that said amount constituted earnings within the meaning of section 35 of the Employment Insurance Regulations. The respondent has not persuaded us that the amount of $26,451 represents anything other than earnings. In these circumstances, the Umpire should have intervened to correct the error of the Board of Referee…
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Canada (Attorney General) v. Boucher Dancause Court (s) Database Federal Court of Appeal Decisions Date 2010-10-14 Neutral citation 2010 FCA 270 File numbers A-64-10 Decision Content Date: 20101014 Docket: A-64-10 Citation: 2010 FCA 270 CORAM: NADON J.A. TRUDEL J.A. MAINVILLE J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and GISÈLE BOUCHER DANCAUSE Respondent Hearing held at Montréal, Quebec, on October 14, 2010. Judgment delivered from the Bench at Montréal, Quebec, on October 14, 2010. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20101014 Docket: A-64-10 Citation: 2010 FCA 270 CORAM: NADON J.A. TRUDEL J.A. MAINVILLE J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and GISÈLE BOUCHER DANCAUSE Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on October 14, 2010) NADON J.A. [1] We are of the view that the amount of $26,451 received by the respondent was paid to her because of the severance of her employment relationship. [2] Furthermore, in light of the evidence, we are satisfied that there was a sufficient connection between the respondent’s employment and the amount of $26,451 and, consequently, that said amount constituted earnings within the meaning of section 35 of the Employment Insurance Regulations. The respondent has not persuaded us that the amount of $26,451 represents anything other than earnings. In these circumstances, the Umpire should have intervened to correct the error of the Board of Referees. [3] For these reasons, the application for judicial review will be allowed, the Umpire’s decision (CUB 738291) will be set aside and the matter will be referred back to the Chief Umpire or his designate for redetermination on the basis that the amount of $26,451 constitutes earnings within the meaning of section 35 of the Employment Insurance Regulations and must be allocated in accordance with subsection 36(9) of the Regulations. Without costs. “M. Nadon” J.A. Certified true translation Michael Palles FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-64-10 STYLE OF CAUSE: A.G.C. v. GISÈLE BOUCHER DANCAUSE PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: October 14, 2010 REASONS FOR JUDGMENT OF THE COURT BY: NADON, TRUDEL and MAINVILLE JJ.A. DELIVERED FROM THE BENCH BY: NADON J.A. APPEARANCES: Chantal Labonté Pauline Leroux FOR THE APPLICANT Eugène Abarrategui FOR THE RESPONDENT SOLICITORS OF RECORD: Myles J. Kirvan Deputy Attorney General of Canada FOR THE APPLICANT Eugène Abarrategui Association des gestionnaires des établissements de santé et de services sociaux Longueuil, Quebec FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca