Massé v. Canada (Attorney General)
The applicant failed to prove that the Umpire erred on the record with respect to the finding that there was no interruption of earnings for at least seven consecutive days; accordingly the court will not intervene and the application is dismissed.
Source-derived case information.
- Citation
- 2007 FCA 82
- Parties
- Applicant: Nancy Massé; Respondent: Attorney General of Canada (Employment Insurance Commission)
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 22 February 2007
- Procedural Posture
- Judicial Review / Final Judgment Dismissal at Federal Court of Appeal
- Outcome
- Application for judicial review dismissed with costs
- Legal Topics
- Interruption of Earnings, Burden of Proof, Standard of Review, Deference to Administrative Decision Makers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nancy Massé
Applicant
Attorney General of Canada (Employment Insurance Commission)
Respondent
Procedural Posture
Judicial Review / Final Judgment Dismissal at Federal Court of Appeal
Legal Issues
- 1 Whether the Umpire erred in setting aside the Board of Referees' decision
- 2 Whether there was an interruption of earnings of at least seven consecutive days before the start of the benefit period
- 3 Whether the applicant met the burden of proving that the Umpire erred
Ratio Decidendi
The applicant failed to prove that the Umpire erred on the record with respect to the finding that there was no interruption of earnings for at least seven consecutive days; accordingly the court will not intervene and the application is dismissed.
Court Disposition
Application for judicial review dismissed with costs
Orders
- Application for judicial review dismissed
- Costs awarded to the respondent
Full Case Text
Judgment text and source record
1 paragraphs
Massé v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2007-02-22 Neutral citation 2007 FCA 82 File numbers A-307-06 Decision Content Date: 20070222 Docket: A-307-06 Citation: 2007 FCA 82 CORAM: DESJARDINS J.A. DÉCARY J.A. NADON J.A. BETWEEN: NANCY MASSÉ Applicant and ATTORNEY GENERAL OF CANADA (Employment Insurance Commission) Respondent Hearing held at Montréal, Quebec, on February 22, 2007. Judgment delivered from the bench at Montréal, Quebec, on February 22, 2007. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20070222 Docket: A-307-06 Citation: 2007 FCA 82 CORAM: DESJARDINS J.A. DÉCARY J.A. NADON J.A. BETWEEN: NANCY MASSÉ Applicant and ATTORNEY GENERAL OF CANADA (Employment Insurance Commission) Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on February 22, 2007.) NADON J.A. [1] Taking into account the evidence in the record, and considering that the applicant had the burden of convincing us that the Umpire had erred in setting aside the decision of the Board of Referees and in finding that there had not been an interruption of earnings lasting for at least seven consecutive days before the start of the benefit period, we are of the opinion that our intervention is not warranted in this case. [2] For these reasons, the application for judicial review will be dismissed with costs. "M. Nadon" Judge Certified true translation Susan Deichert, Reviser FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-307-06 STYLE OF CAUSE: Nancy Massé v. Attorney General of Canada PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: February 22, 2007 REASONS FOR JUDGMENT BY: Nadon J.A. DELIVERED FROM THE BENCH BY: Nadon J.A. APPEARANCES: Hans Marotte FOR THE APPLICANT Carole Bureau FOR THE RESPONDENT SOLICITORS OF RECORD: HANS MAROTTE Montréal, Quebec FOR THE APPLICANT JOHN H. SIMS, Q. C. Deputy Attorney General of Canada Montréal, Quebec FOR THE RESPONDENT