Canada (Attorney General) v. Booton

Canada (Attorney General) v. Booton
Court (s) Database
Federal Court of Appeal Decisions
Date
2010-11-18
Neutral citation
2010 FCA 311
File numbers
A-61-10
Decision Content
Federal Court of Appeal
CANADA
Cour d'appel fédérale
Date: 20101118
Docket: A-61-10
Citation: 2010 FCA 311
CORAM: BLAIS C.J.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
HARVEY BOOTON
Respondent
Heard at Toronto, Ontario, on November 17, 2010.
Judgment delivered at Toronto, Ontario, on November 18, 2010.
REASONS FOR JUDGMENT BY: NOËL J.A.
CONCURRED IN BY: BLAIS C.J.
PELLETIER J.A.
Federal Court of Appeal
CANADA
Cour d'appel fédérale
Date: 20101118
Docket: A-61-10
Citation: 2010 FCA 311
CORAM: BLAIS C.J.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
HARVEY BOOTON
Respondent
REASONS FOR JUDGMENT
NOËL J.A.
[1] The application for Judicial Review must be allowed. The Umpire failed to give effect to paragraph 35(1)(c) of the Employment Insurance Regulations which incorporates within the definition of “employment” the tenure of an office as defined in subsection 2(1) of the Canada Pension Plan, which in turn defines an “office” as meaning inter alia, “…the position of an individual entitling him to a fixed or ascertainable stipend or remuneration…”. The Respondent comes squarely within this definition.
[2] I would therefore allow the application for judicial review, set aside the decision of the Umpire and remit the matter to the Chief Umpire or his designate so that it may be decided again on the basis that the Respondent occupied an employment.
“Marc Noël”
J.A.
“I agree.
Pierre Blais C.J.”
“I agree.
J.D. Denis Pelletier J.A.”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-61-10
(AN APPLICATION FOR JUDICIAL REVIEW, FROM A DECISION OF THE HONOURABLE MADAM JUSTICE STEVENSON, SITTING AS UMPIRE (EI ACT), DECISION DATED JANUARY 11, 2010, AS CUB DECISION #73843.)
STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA v.
HARVEY BOOTON
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: NOVEMBER 17, 2010
REASONS FOR JUDGMENT BY: NOËL J.A.
CONCURRED IN BY: BLAIS C.J.
PELLETIER J.A.
DATED: NOVEMBER 18, 2010
APPEARANCES:
DAVID TORTELL
FOR THE APPLICANT
LORNE WALDMAN
FOR THE RESPONDENT (ON HIS OWN BEHALF)
SOLICITORS OF RECORD:
MYLES J. KIRVAN
DEPUTY ATTORNEY GENERAL OF CANADA
TORONTO, ONTARIO
FOR THE APPLICANT
N/A
FOR THE RESPONDENT