Date: 20011210
Docket: A-778-00
Neutral citation: 2001 FCA 386
CORAM: ROTHSTEIN J.A.
NOËL J.A.
BETWEEN:
THE ATTORNEY GENERAL
OF CANADA
Appellant
and
MANJIT THIARA
Respondent
Heard at Vancouver, British Columbia, on December 10, 2001.
Judgment delivered at Vancouver, British Columbia, on December 10, 2001.
REASONS FOR JUDGMENT BY: ROTHSTEIN J.A.
CONCURRED IN BY: NOËL J.A.
MALONE J.A.
Date: 20011210
Docket: A-778-00
Neutral citation: 2001 FCA 386
CORAM: ROTHSTEIN J.A.
NOËL J.A.
BETWEEN:
THE ATTORNEY GENERAL
OF CANADA
Appellant
and
MANJIT THIARA
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Vancouver on Monday, December 10, 2001)
ROTHSTEIN J.A.
[1] The decision of this Court in Canada (Attorney General) v. Haberman [2000] F.C.J. No. 1215 is dispositive of this appeal. Disputes over the number of hours of insurable employment are to be ruled on by an officer of the Canada Customs and Revenue Agency authorized by the Minister to do so pursuant to subsection 90(1) of the Employment Insurance Act. The Board of Referees, the Umpire and therefore this Court, on appeal from the Umpire, are without jurisdiction to make such a ruling.
[2] The judicial review application will therefore be allowed, the decision of the Umpire set aside and the matter will be remitted to the Chief Umpire or his designate so that a new decision be entered on the basis that the Board of Referees and the Umpire were without jurisdiction to hear the appeal.
(Sgd.) "Marshall Rothstein"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-778-00
STYLE OF CAUSE: AGC v. Manjit Thiara
PLACE OF HEARING: Vancouver, BC
DATE OF HEARING: December 10, 2001
REASONS FOR JUDGMENT : ROTHSTEIN J.A.
CONCURRED IN BY: NOËL, MALONE JJ.A.
DATED: December 10, 2001
APPEARANCES:
Keitha Richardson FOR THE APPELLANT
Manjit Thiara (Mr. Sabi Virk) FOR THE RESPONDENT
SOLICITORS OF RECORD:
Morris Rosenberg FOR THE APPELLANT
Attorney General of Canada
Manjit Thiara FOR THE RESPONDENT
Surrey, BC