Date: 20010227
Docket: A-641-99
Montréal, Quebec, Tuesday, February 27, 2001
Coram: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
Between:
NICOLE BROSSEAU
Plaintiff
AND
THE ATTORNEY GENERAL OF CANADA
Defendant
J U D G M E N T
The application for judicial review is allowed, the decision of the umpire is quashed and the matters is referred back to the chief umpire or his delegate to be decided on the basis that the Commission's appeal should be dismissed.
The whole with costs.
|
Marc Noël J.A. |
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
Date: 20010227
Docket: A-641-99
Neutral reference: 2001 FCA 42
Coram: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
Between:
NICOLE BROSSEAU
Plaintiff
AND
THE ATTORNEY GENERAL OF CANADA
Defendant
Hearing held at Montréal, Quebec on Tuesday, February 27, 2001
Judgment from the bench at Montréal, Quebec on Tuesday, February 27, 2001
REASONS FOR JUDGMENT BY: NOËL J.A.
Date: 20010227
Docket: A-641-99
Neutral reference: 2001 FCA 42
Coram: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
Between:
NICOLE BROSSEAU
Plaintiff
AND
THE ATTORNEY GENERAL OF CANADA
Defendant
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec
on Tuesday, February 27, 2001)
NOËL J.A.
[1] The Commission argued before the board of referees that the plaintiff was not available for work. The board of referees considered this question and came to the conclusion that she was available.
[2] The umpire came to the opposite conclusion. In so doing, he substituted his interpretation of the facts for that of the board of referees and this he could not do.
[3] The application will be allowed with costs, the decision of the umpire quashed and the matter referred back to the chief umpire or his delegate to be again decided on the basis that the Commission's appeal should have been dismissed.
|
Marc Noël J.A. |
Montréal, Quebec
February 27, 2001
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20010227
Docket: A-641-99
Between:
NICOLE BROSSEAU
Plaintiff
AND
THE ATTORNEY GENERAL OF CANADA
Defendant
REASONS FOR JUDGMENT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE: A-641-99
STYLE OF CAUSE: NICOLE BROSSEAU
Plaintiff
AND
THE ATTORNEY GENERAL OF CANADA
Defendant
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: February 27, 2001
REASONS FOR JUDGMENT BY: Noël J.A.
DATED: February 27, 2001
APPEARANCES:
Claudine Barabé FOR THE PLAINTIFF
Paul Deschênes FOR THE DEFENDANT
SOLICITORS OF RECORD:
Ouellet, Nadon & Associés FOR THE PLAINTIFF
Montréal, Quebec
Morris Rosenberg FOR THE DEFENDANT
Deputy Attorney General of Canada
Montréal, Quebec