Date:20010123
Docket: A-427-99
CORAM: STRAYER J.A.
NOËL J.A.
EVANS J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
- and -
JANICE BUCKLEY
Respondent
Heard at Toronto, Ontario, Monday, January 22, 2001
Judgment delivered from the Bench at Toronto, Ontario,
on Monday, January 22, 2001
| REASONS FOR JUDGMENT OF THE COURT BY: STRAYER J.A. |
Date: 20010123
Docket: A-427-99
CORAM: STRAYER J.A.
NOËL J.A.
EVANS J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
- and -
JANICE BUCKLEY
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario
on Monday, January 22, 2001)
STRAYER J.A.
| _. We are all of the view that it was not open to the Umpire to interfere with the finding of the Board of Referees that the respondent was employed during the period in question when she was in receipt of benefits. The Board had made a finding of fact that: |
| [O]ne of the reasons she continues her volunteer involvement, other than strong commitment to the objectives of the Association is to safeguard and maintain the possibility of future employment. |
| _. There was evidence upon which the Board could find as it did, and the Umpire should not have substituted his own finding of fact in place of the Board's finding. |
| _. The application will therefore be allowed, the decision of the Umpire will be set aside, and the decision of the Board of Referees will be restored. |
| _. We note that the Board reached its decision with "great reluctance", as do we. |
"B.L. Strayer"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-427-99
| STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA |
Applicant
- and -
JANICE BUCKLEY
Respondent
DATE OF HEARING: MONDAY, JANUARY 22, 2001
PLACE OF HEARING: TORONTO, ONTARIO
| REASONS FOR JUDGMENT BY: STRAYER J.A. |
Delivered at Toronto, Ontario on Monday, January 22, 2001
APPEARANCES BY: Mr. Derek Edwards
For the Applicant
Ms. Janice Buckley
The Respondent on Her Own Behalf
| SOLICITORS OF RECORD: Morris Rosenberg |
| Deputy Attorney General of Canada |
For the Applicant
Janice Buckley
1069 Colborne Street
| Brantford, Ontario |
| N3T 6K5 |
| The Respondent on Her Own Behalf |
FEDERAL COURT OF APPEAL
Date: 20010123
Docket: A-427-99
BETWEEN:
| THE ATTORNEY GENERAL OF CANADA |
Applicant
- and -
JANICE BUCKLEY
Respondent
| REASONS FOR JUDGMENT |