Canada (Attorney General) v. Gagnon
The Umpire was wrong to intervene because he was misled about the Commission’s representation; the application is allowed, the Umpire’s decision is set aside and the matter is remitted for redetermination on the basis that the claimant had not accumulated the required hours.
Source-derived case information.
- Citation
- 2010 FCA 241
- Parties
- Applicant: Attorney General of Canada; Respondent: Henri-Louis Gagnon
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 23 September 2010
- Procedural Posture
- Appeal From Umpire Decision (employment Insurance) / Judgment on Application to Set Aside Umpire Decision
- Outcome
- Application allowed; Umpire's decision set aside; matter referred back to the Chief Umpire or designate for redetermination; no costs awarded.
- Legal Topics
- Judicial Review, Interpretation of Administrative Findings, Entitlement to Benefits, Calculation of Hours, Remittal for Redetermination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Attorney General of Canada
Applicant
Henri-Louis Gagnon
Respondent
Procedural Posture
Appeal From Umpire Decision (employment Insurance) / Judgment on Application to Set Aside Umpire Decision
Legal Issues
- 1 Whether the Umpire was misled by the Commission’s representation regarding the period of hours calculated
- 2 Whether the claimant had accumulated the hours required to be entitled to benefits
- 3 Whether the Umpire’s intervention was appropriate in light of the Commission’s correct calculation
Ratio Decidendi
The Umpire was wrong to intervene because he was misled about the Commission’s representation; the application is allowed, the Umpire’s decision is set aside and the matter is remitted for redetermination on the basis that the claimant had not accumulated the required hours.
Court Disposition
Application allowed; Umpire's decision set aside; matter referred back to the Chief Umpire or designate for redetermination; no costs awarded.
Orders
- Application allowed without costs.
- Umpire's decision set aside.
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Gagnon Court (s) Database Federal Court of Appeal Decisions Date 2010-09-23 Neutral citation 2010 FCA 241 File numbers A-509-09 Decision Content Federal Court of Appeal Cour d’appel fédérale Date: 20100923 Docket: A-509-09 Citation: 2010 FCA 241 CORAM: NOËL J.A. PELLETIER J.A. TRUDEL J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and HENRI-LOUIS GAGNON Respondent Hearing held at Québec, Quebec, on September 23, 2010. Judgment delivered from the Bench at Québec, Quebec, on September 23, 2010. REASONS FOR JUDGMENT OF THE COURT BY: TRUDEL J.A. Federal Court of Appeal Cour d’appel fédérale Date: 20100923 Docket: A-509-09 Citation: 2010 FCA 241 CORAM: NOËL J.A. PELLETIER J.A. TRUDEL J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and HENRI-LOUIS GAGNON Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Québec, Quebec, on September 23, 2010) TRUDEL J.A. [1] The Umpire was apparently misled by the Commission’s assertion that it had limited its calculation of the hours to November 3, 2007. He interpreted that to mean that the Commission had not included the hours worked prior to that date, but it had indeed done so. With respect, the Umpire was wrong to intervene. [2] Accordingly, the application will be allowed without costs, the Umpire’s decision set aside and the matter referred back to the Chief Umpire or his designate for redetermination on the basis that the Commission’s appeal must be allowed on the ground that the claimant had not accumulated the hours required to be entitled to benefits. “Johanne Trudel” J.A. Certified true translation Tu-Quynh Trinh FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-509-09 STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA v. HENRI-LOUIS GAGNON PLACE OF HEARING: Québec, Quebec DATE OF HEARING: September 23, 2010 REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. PELLETIER J.A. TRUDEL J.A. DELIVERED FROM THE BENCH BY: TRUDEL J.A. APPEARANCES: Antoine Lippé FOR THE APPLICANT Henri-Louis Gagnon (on his own behalf) FOR THE RESPONDENT SOLICITORS OF RECORD: Myles J. Kirvan Deputy Attorney General of Canada Montréal, Quebec FOR THE APPLICANT