Banwait v. Grigoratus
The Umpire lacked jurisdiction to determine the number of hours worked because ss.90(1)(d) and 122 of the Employment Insurance Act require that calculation be made by an officer of the Department of National Revenue; therefore the application is allowed and the matter is remitted to the Chief Umpire to order...
Source-derived case information.
- Citation
- 2001 FCA 326
- Parties
- Applicant: Avtar Singh Banwait; Respondent: Marie Grigoratus (Metropolitan Toronto Police); Respondent: Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 30 October 2001
- Procedural Posture
- Judicial Review / Application for Judicial Review of Umpire Decision; Allowed and Remitted to Chief Umpire
- Outcome
- Application allowed; matter remitted to Chief Umpire to order referral to Minister of National Revenue for determination of hours worked.
- Legal Topics
- Jurisdiction of Umpire, Calculation of Hours Worked, Remittal to Minister of National Revenue, Reconsideration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Avtar Singh Banwait
Applicant
Marie Grigoratus (Metropolitan Toronto Police)
Respondent
Attorney General of Canada
Respondent
Procedural Posture
Judicial Review / Application for Judicial Review of Umpire Decision; Allowed and Remitted to Chief Umpire
Legal Issues
- 1 Whether the Umpire had jurisdiction to determine the number of hours worked by the applicant
- 2 Whether the calculation of hours must be determined by an officer of the Department of National Revenue under ss.90(1)(d) and 122 of the Employment Insurance Act
- 3 Appropriate remedy when a decision is outside Umpire's jurisdiction
Ratio Decidendi
The Umpire lacked jurisdiction to determine the number of hours worked because ss.90(1)(d) and 122 of the Employment Insurance Act require that calculation be made by an officer of the Department of National Revenue; therefore the application is allowed and the matter is remitted to the Chief Umpire to order referral to the Minister of National Revenue.
Court Disposition
Application allowed; matter remitted to Chief Umpire to order referral to Minister of National Revenue for determination of hours worked.
Orders
- Application allowed.
- Matter referred back to the Chief Umpire with direction to order the Commission to refer the determination of the number of hours worked by the Applicant prior to June 29, 1998 to the Minister of National Revenue.
Full Case Text
Judgment text and source record
1 paragraphs
Banwait v. Grigoratus Court (s) Database Federal Court of Appeal Decisions Date 2001-10-30 Neutral citation 2001 FCA 326 File numbers A-470-00 Decision Content Date: 2001030 Docket: A-470-00 Neutral citation: 2001 FCA 326 CORAM: LINDEN J.A. EVANS J.A. MALONE J.A. BETWEEN: AVTAR SINGH BANWAIT Applicant - and - MARIE GRIGORATUS (METROPOLITAN TORONTO POLICE) ATTORNEY GENERAL OF CANADA Respondents Heard at Toronto, Ontario, on Monday, October 29, 2001 Judgment delivered at Toronto, Ontario, on Tuesday, October 30, 2001 REASONS FOR JUDGMENT BY: LINDEN J.A. CONCURRED IN BY: EVANS J.A. MALONE J.A. Date: 20011030 Docket: A-470-00 Neutral citation: 2001 FCA 326 CORAM: LINDEN J.A. EVANS J.A. MALONE J.A. BETWEEN: AVTAR SINGH BANWAIT Applicant - and - MARIE GRIGORATUS (METROPOLITAN TORONTO POLICE) ATTORNEY GENERAL OF CANADA Respondents REASONS FOR JUDGMENT LINDEN J.A. This is an application for judicial review of a decision of an Umpire dismissing an application for reconsideration dated June 2, 2000 of an earlier decision of his dated December 17, 1999. Based on the majority decision of Haberman, [2000] F.C.J. No. 1215, the Umpire had no jurisdiction to decide the matter at issue, that is, the calculation of the number of hours worked by the Applicant, which according to sections 90(1)(d) and 122 of the Employment Insurance Act must be decided by an officer of the Department of National Revenue. As a result, the application will be allowed and the matter will be referred back to the Chief Umpire to order the Commission to refer the matter to the Minister of National Revenue for determination of the number of hours worked by the Applicant prior to June 29, 1998, the date of his claim. "A. M. Linden" J.A. "I agree John M. Evans" "I agree B. Malone" FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-470-00 STYLE OF CAUSE: AVTAR SINGH BANWAIT Applicant - and - MARIE GRIGORATUS (METROPOLITAN TORONTO POLICE) ATTORNEY GENERAL OF CANADA Respondents DATE OF HEARING: MONDAY, OCTOBER 29, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT BY: LINDEN J.A. CONCURRED IN BY: EVANS J.A. MALONE J.A. DATED: TUESDAY, OCTOBER 30, 2001 APPEARANCES BY: Mr. Avtar Banwait For the Applicant, on his own behalf Mr. Derek Edwards For the Respondents SOLICITORS OF RECORD: Avtar Singh Banwait 62 Fox Hill Drive Maple, Ontario L6A 1K1 For the Applicant, on his own behalf Morris Rosenberg Deputy Attorney General of Canada For the Respondents FEDERAL COURT OF APPEAL Date: 20011030 Docket: A-470-00 BETWEEN: AVTAR SINGH BANWAIT Applicant - and - MARIE GRIGORATUS (METROPOLITAN TORONTO POLICE) ATTORNEY GENERAL OF CANADA Respondents REASONS FOR JUDGMENT