Lepage v. Canada (Attorney General)

Lepage v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2004-01-15 Neutral citation 2004 FCA 17 File numbers A-184-03 Decision Content Date: 20040115 Docket: A-184-03 Citation: 2004 FCA 17 CORAM: DESJARDINS J.A. LÉTOURNEAU J.A. NADON J.A. BETWEEN: JEFFREY LEPAGE Applicant and THE ATTORNEY GENERAL OF CANADA Respondent Hearing held at Montréal, Quebec, on January 15, 2004. Judgment from the bench at Montréal, Quebec, on January 15, 2004. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20040115 Docket: A-184-03 Citation: 2004 FCA 17 CORAM: DESJARDINS J.A. LÉTOURNEAU J.A. NADON J.A. BETWEEN: JEFFREY LEPAGE Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on January 15, 2004) NADON J.A. [1] Despite the fact that his decision is not as clear as we would have liked, we consider that the umpire was right to intervene in the instant case to correct the errors made by the board of referees. [2] In our view, there can be no doubt that the board of referees failed to consider important evidence contained in the record, showing that the claimant had lost his employment due to a stoppage of work that was directly attributable to a labour dispute. [3] Consequently, despite the very able argument of Mr. de Merchant, we are satisfied that the umpire made no error that would warrant the Court's intervention. [4] The application for judicial review is therefore dismissed with costs. A copy of these reasons will be filed in cases A-94-03, A-182-03, A-183-03, A-185-03 and A-186-03 in support of the judgments dismissing the applications for judicial review. In these cases, the respondent will be entitled to his disbursements. "Marc Nadon" J.A. Certified true translation Suzanne M. Gauthier, C Tr, LLL FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-184-03 STYLE OF CAUSE: JEFFREY LEPAGE Applicant and THE ATTORNEY GENERAL OF CANADA Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: January 15, 2004 REASONS FOR JUDGMENT OF THE COURT (DESJARDINS, LÉTOURNEAU AND NADON JJ.A.) DELIVERED FROM THE BENCH BY: NADON J.A. APPEARANCES: William de Merchant 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