Date:20010123
Docket: A-518-99
CORAM: STRAYER J.A.
NOËL J.A.
EVANS J.A.
BETWEEN:
RAYMOND F. PASQUAN
Applicant
- and -
DEPUTY ATTORNEY GENERAL OF CANADA
Respondent
Heard at Toronto, Ontario, Tuesday, January 23, 2001
Judgment delivered from the Bench at Toronto, Ontario,
on Tuesday, January 23, 2001
| REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. |
Date: 20010123
Docket: A-518-99
CORAM: STRAYER J.A.
NOËL J.A.
EVANS J.A.
BETWEEN:
RAYMOND F. PASQUAN
Applicant
- and -
DEPUTY ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario
on Tuesday, January 23, 2001)
NOËL J.A.
| _. This is an application for judicial review of a decision of an Umpire dismissing the applicant's appeal of a decision of the Board of Referees which had held that the applicant had voluntarily terminated his employment without just cause and, therefore, was disqualified from receiving benefits under the Unemployment Insurance Act. |
| _. The applicant complained before the Umpire that he was unable to confront his employer Stan Noort during the proceeding before the Board of Referees. The applicant contends that Mr. Noort had agreed to indicate he had been laid off rather than terminated on the separation form and that his testimony would bring this to light. There is no merit to this argument. As the Umpire pointed out, the essence of the applicant's argument is that Mr. Noort should have misrepresented the cause for the cessation of his employment. |
| _. The applicant also argued that he had just cause for leaving his employment. However, after reviewing the evidence, we are satisfied that the Umpire committed no error in refusing to interfere with the decision of the Board on this ground. |
| _. The applicant also raised certain constitutional arguments which do not appear to have been raised before the Umpire. In any event, these arguments appear to us to be without merit. |
| _. This application will be dismissed with costs. |
"Marc Noël"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-518-99
| STYLE OF CAUSE: RAYMOND F. PASQUAN |
Applicant
- and -
DEPUTY ATTORNEY GENERAL OF CANADA
Respondent
DATE OF HEARING: TUESDAY, JANUARY 23, 2001
PLACE OF HEARING: TORONTO, ONTARIO
| REASONS FOR JUDGMENT BY: NOËL J.A. |
Delivered at Toronto, Ontario on Tuesday, January 23, 2001
APPEARANCES BY: Mr. Raymond F. Pasquan
The Applicant on His Own Behalf
Mr. Derek Edwards
For the Respondent
| SOLICITORS OF RECORD: Raymond F. Pasquan |
11 Putney Road
Etobicoke, Ontario
M8W 2K6
The Applicant on His Own Behalf
Morris Rosenberg
| Deputy Attorney General of Canada |
| For the Respondent |
FEDERAL COURT OF APPEAL
Date: 20010123
Docket: A-518-99
BETWEEN:
| RAYMOND F. PASQUAN |
Applicant
- and -
DEPUTY ATTORNEY GENERAL
OF CANADA
Respondent
| REASONS FOR JUDGMENT |