Bouvidard Ltée. c. Commission de l'assurance emploi
The second board of referees was not bound by the earlier board and, having considered the evidence, did not commit an error of principle; accordingly the umpire did not err and the application for judicial review must be dismissed.
Source-derived case information.
- Citation
- 2001 FCA 1
- Parties
- Plaintiff: Bouvidard Ltée; Defendant: Employment Insurance Commission
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 1 February 2001
- Procedural Posture
- Judicial Review (employment Insurance) / Appeal Federal Court of Appeal Judgment
- Outcome
- Application for judicial review dismissed with costs.
- Legal Topics
- Standard of Review, Precedent and Binding Effect Between Tribunals, Board of Referees Procedure, Umpire Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bouvidard Ltée
Plaintiff
Employment Insurance Commission
Defendant
Procedural Posture
Judicial Review (employment Insurance) / Appeal Federal Court of Appeal Judgment
Legal Issues
- 1 Whether the second board of referees was bound by the earlier board's decision
- 2 Whether the second board committed an error of principle in reaching its conclusion
- 3 Whether the umpire erred in confirming the subsequent board's decision
Ratio Decidendi
The second board of referees was not bound by the earlier board and, having considered the evidence, did not commit an error of principle; accordingly the umpire did not err and the application for judicial review must be dismissed.
Court Disposition
Application for judicial review dismissed with costs.
Orders
- Application for judicial review dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Bouvidard Ltée. c. Commission de l'assurance emploi Court (s) Database Federal Court of Appeal Decisions Date 2001-02-01 Neutral citation 2001 FCA 1 File numbers A-586-98 Decision Content Date: 20010201 Docket: A-586-98 CORAM: DESJARDINS J.A. DÉCARY J.A. LÉTOURNEAU J.A. BETWEEN: BOUVIDARD LTÉE 23 Saint-Jean-Baptiste Baie St-Paul, Quebec G0A 1B0 Plaintiff - AND - EMPLOYMENT INSURANCE COMMISSION created pursuant to the Employment Insurance Act Defendant Hearing held at Québec, Quebec on Thursday, February 1, 2001. Judgment from the bench at Québec, Quebec on Thursday, February 1, 2001. REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. Date: 20010201 Docket: A-586-98 Reference: 2001 FCA 1 CORAM: DESJARDINS J.A. DÉCARY J.A. LÉTOURNEAU J.A. BETWEEN: BOUVIDARD LTÉE 23 Saint-Jean-Baptiste Baie St-Paul, Quebec G0A 1B0 Plaintiff - AND - EMPLOYMENT INSURANCE COMMISSION created pursuant to the Employment Insurance Act Defendant REASONS FOR JUDGMENT (Delivered from the bench at Québec, Quebec on Thursday, February 1, 2001) DESJARDINS J.A. [1] This application for judicial review cannot succeed. [2] The second board of referees was not bound by the decision of the earlier board. It had to consider the evidence before it. The record before the second board of referees contained evidence on which the latter could base its conclusion as it did, without committing an error of principle (Canada (Attorney General) v. McCarthy (F.C.A.), [1994] F.C.A. No. 1158, [1994] 174 N.R. 28). [3] The umpire accordingly did not err in deciding as he did. [4] The application for judicial review will therefore be dismissed with costs. Alice Desjardins J.A. Québec, Quebec February 1, 2001 Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. FEDERAL COURT OF APPEAL Date: 20010201 Docket: A-586-98 Between: BOUVIDARD LTÉE 23 Saint-Jean-Baptiste Baie St-Paul, Quebec G0A 1B0 Plaintiff - AND - EMPLOYMENT INSURANCE COMMISSION created pursuant to the Employment Insurance Act Defendant REASONS FOR JUDGMENT FEDERAL COURT APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE No.: A-586-98 STYLE OF CAUSE: BOUVIDARD LTÉE 23 Saint-Jean-Baptiste Baie St-Paul, Quebec G0A 1B0 Plaintiff - AND - EMPLOYMENT INSURANCE COMMISSION created pursuant to the Employment Insurance Act Defendant PLACE OF HEARING: Québec, Quebec DATE OF HEARING: February 1, 2001 REASONS FOR JUDGMENT OF THE COURT BY: Desjardins J.A. DATED: February 1, 2001 APPEARANCES: Vital Lévesque for the plaintiff Suzon Létourneau for the defendant SOLICITORS OF RECORD: DesRivières, Vermette & Ass. for the plaintiff Québec, Quebec Morris Rosenberg for the defendant Deputy Attorney General of Canada