Dubois v. Canada (Attorney General)
The Umpire committed no reviewable error; although the Board of Referees failed to ask whether the beneficiary breached an implicit contractual obligation, the Umpire answered that question and his answer was reasonable, so the application for judicial review is dismissed.
Source-derived case information.
- Citation
- 2003 FCA 103
- Parties
- Applicant: Daniel Dubois; Respondent: The Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 26 February 2003
- Procedural Posture
- Judicial Review Appeal / Judgment on Appeal
- Outcome
- Application for judicial review dismissed with costs
- Legal Topics
- Judicial Review of Administrative Decision, Standard of Review: Reasonableness, Misconduct and Loss of Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Dubois
Applicant
The Attorney General of Canada
Respondent
Procedural Posture
Judicial Review Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the Umpire committed an error warranting intervention
- 2 Whether the Board of Referees failed to consider breach of an implicit contractual obligation by the beneficiary
- 3 Whether the beneficiary lost employment by reason of misconduct
Ratio Decidendi
The Umpire committed no reviewable error; although the Board of Referees failed to ask whether the beneficiary breached an implicit contractual obligation, the Umpire answered that question and his answer was reasonable, so the application for judicial review is 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
Dubois v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2003-02-26 Neutral citation 2003 FCA 103 File numbers A-43-02 Decision Content Date: 20030226 Docket: A-43-02 Montréal, Quebec, February 26, 2003 CORAM: DESJARDINS J.A. NOËL J.A. NADON J.A. BETWEEN: DANIEL DUBOIS Applicant and THE ATTORNEY GENERAL OF CANADA Respondent JUDGMENT The application for judicial review is dismissed with costs. "Alice Desjardins" J.A. Certified true translation Suzanne Gauthier, C. Tr., LL.L Date: 20030226 Docket: A-43-02 Neutral Citation: 2003 FCA 103 CORAM: DESJARDINS J.A. NOËL J.A. NADON J.A. BETWEEN: DANIEL DUBOIS Applicant and THE ATTORNEY GENERAL OF CANADA Respondent Hearing held at Montréal, Quebec, February 26, 2003. Judgment delivered from the bench at Montréal, Quebec, February 26, 2003. REASONS FOR JUDGMENT OF THE COURT: DESJARDINS J.A. Date: 20030226 Docket: A-43-02 Neutral Citation: 2003 FCA 103 CORAM: DESJARDINS J.A. NOËL J.A. NADON J.A. BETWEEN: DANIEL DUBOIS Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Pronounced from the bench at Montréal, Quebec, February 26, 2003.) DESJARDINS J.A. [1] We are of the opinion that the Umpire committed no error that would warrant our intervention. [2] The Board of Referees, as the Umpire noted, failed to ask itself whether the beneficiary had breached an implicit obligation in his contract of employment with his employer and whether, as a result, he had lost his employment by reason of his misconduct. [3] The Umpire answered this question and we are unable to say that his reply is unreasonable. [4] The application for judicial review will be dismissed with costs. "Alice Desjardins" J.A. Montréal, Quebec February 26, 2003 Certified true translation Suzanne Gauthier, C. Tr., LL.L FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20030226 Docket: A-43-02 Between: DANIEL DUBOIS Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT FEDERAL COURT OF CANADA APPEAL DIVISION SOLICITORS OF RECORD DOCKET: A-43-02 CORAM: DESJARDINS J.A. NOËL J.A. NADON J.A. STYLE: DANIEL DUBOIS Applicant and THE ATTORNEY GENERAL OF CANADA Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: February 26, 2003 REASONS FOR JUDGMENT OF THE COURT: DESJARDINS J.A. DATED: February 26, 2003 APPEARANCES: Gilbert Nadon FOR THE APPLICANT Pauline Leroux FOR THE RESPONDENT SOLICITORS OF RECORD: Ouellet, Nadon & Associés FOR THE APPLICANT Montréal, Quebec Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Montréal, Quebec -->