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CANADA |
Federal Court of Appeal |
BETWEEN:
and
Respondent
Hearing held at Montréal, Quebec, on May 26, 2009.
Judgment delivered from the Bench at Montréal, Quebec, on May 26, 2009.
REASONS FOR JUDGMENT OF THE COURT BY: BLAIS J.A.
|
CANADA |
Federal Court of Appeal |
Date: 20090526
Docket: A-233-08
Citation: 2009 FCA 172
CORAM: DÉCARY J.A.
NOËL J.A.
BLAIS J.A.
BETWEEN:
ROSAIRE LEJEUNE
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montréal, Quebec, on May 26, 2009)
[1] The issue in this case comes down to whether the applicant’s false representations were made knowingly.
[2] The Commission imposed penalties and issued a notice of violation upon discovering further to an investigation that the applicant had failed to declare his business earnings, thereby making false representations.
[3] The Umpire was right to set aside the decision of the Board of Referees, which had found that the applicant had not made false representations.
[4] Once it is established that the applicant made representations he knew to be false, penalties are applicable. See Turgeon v. Canada (Employment and Immigration Commission), [1997] F.C.J. No. 167 (F.C.A.) (QL).
[5] The applicant has failed to satisfy us that the Umpire erred in his judgment. The application for judicial review will be dismissed with costs.
J.A.
Certified true translation
Tu-Quynh Trinh
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-233-08
(JUDICIAL REVIEW OF A DECISION OF UMPIRE GUY COULARD DATED OCTOBER 26, 2007, FILE NO. CUB 69312).
STYLE OF CAUSE: ROSAIRE LEJEUNE v. ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: May 26, 2009
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
NOËL J.A.
BLAIS J.A.
DELIVERED FROM THE BENCH BY: BLAIS J.A.
APPEARANCES:
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FOR THE APPLICANT
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Liliane Bruneau |
FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Val d'Or, Quebec
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FOR THE APPLICANT
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Deputy Attorney General of Canada Montréal, Quebec |
FOR THE RESPONDENT
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