Canada (Attorney General) v. Hickey
Because the record was deficient and contained no collective agreement or other evidence establishing entitlement to leave, and because the Umpire found the respondent's casual employment terminated when he left the ship, the Court must dismiss the application for judicial review and will not set aside the Umpire's...
Source-derived case information.
- Citation
- 2007 FCA 69
- Parties
- Applicant: Attorney General of Canada; Respondent: Grant Hickey
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 14 February 2007
- Procedural Posture
- Judicial Review / Hearing and Judgment in Federal Court of Appeal
- Outcome
- Application for judicial review dismissed.
- Legal Topics
- Casual Employment Termination, Leave Entitlement, Judicial Review of Administrative Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Attorney General of Canada
Applicant
Grant Hickey
Respondent
Procedural Posture
Judicial Review / Hearing and Judgment in Federal Court of Appeal
Legal Issues
- 1 Whether the Umpire erred in finding the respondent's casual employment was terminated when he left the ship
- 2 Whether the respondent was entitled to a period of leave after leaving the ship
- 3 Whether the record contains evidence (eg. a collective agreement) sufficient to justify setting aside the Umpire's decision
Ratio Decidendi
Because the record was deficient and contained no collective agreement or other evidence establishing entitlement to leave, and because the Umpire found the respondent's casual employment terminated when he left the ship, the Court must dismiss the application for judicial review and will not set aside the Umpire's decision.
Court Disposition
Application for judicial review dismissed.
Orders
- Application for judicial review dismissed without costs.
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Hickey Court (s) Database Federal Court of Appeal Decisions Date 2007-02-14 Neutral citation 2007 FCA 69 File numbers A-58-06 Decision Content Date: 20070214 Docket: A-58-06 Citation: 2007 FCA 69 CORAM: RICHARD C.J. SHARLOW J.A. RYER J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and GRANT HICKEY Respondent Heard at Halifax, Nova Scotia, on February 14, 2007. Judgment delivered from the Bench at Halifax, Nova Scotia, on February 14, 2007. REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J. Date: 20070214 Docket: A-58-06 Citation: 2007 FCA 69 CORAM: RICHARD C.J. SHARLOW J.A. RYER J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and GRANT HICKEY Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Halifax, Nova Scotia, on February 14, 2007) RICHARD C.J. [1] This is an application for an order to set aside the decision of the Honourable R.C. Stevenson, dated December 20, 2005 (CUB 65103), which he rendered in his capacity as an Umpire appointed under the Employment Insurance Act, S.C. 1996, c. 23 and as amended. In his decision, the Umpire did not allow an appeal by the Applicant from a decision of the Board of Referees, dated November 30, 2004. [2] On the basis of the record before us which counsel for the applicant has herself described as problematic and in the absence of a collective agreement or other evidence that is capable of establishing that Mr. Hickey was entitled to a period of leave after he left the ship and given the finding of the Umpire that the casual employment of Mr. Hickey was terminated when he left the ship and did not continue thereafter we must dismiss this application for judicial review. [3] Accordingly, the application for judicial review will be dismissed without costs as the respondent did not file a notice of appearance. "J. Richard" Chief Justice FEDERAL COURT OF APPEAL NAME OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-58-06 STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA - and - GRANT HICKEY PLACE OF HEARING: HALIFAX, NOVA SCOTIA DATE OF HEARING: FEBRUARY 14, 2007 REASONS FOR JUDGMENT: RICHARD C.J. DATED: FEBRUARY 14, 2007 APPEARANCES: Sandra L. Doucette FOR THE APPLICANT No one appearing FOR THE RESPONDENT SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE APPLICANT