Dion v. Canada (Attorney General)
The Court found the articles of clerkship constituted a contract of employment and therefore the applicant was not 'unemployed' within the meaning of s.11 of the Employment Insurance Act and s.31 of the Employment Insurance Regulations; the application for judicial review was dismissed.
Source-derived case information.
- Citation
- 2002 FCA 458
- Parties
- Applicant: René Dion; Respondent: Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 19 November 2002
- Procedural Posture
- Judicial Review / Federal Court of Appeal Judgment Dismissing Application
- Outcome
- Application for judicial review dismissed with costs.
- Legal Topics
- Articles of Clerkship, Employment Insurance Eligibility, Interpretation of 'unemployed' Under Statute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
René Dion
Applicant
Attorney General of Canada
Respondent
Procedural Posture
Judicial Review / Federal Court of Appeal Judgment Dismissing Application
Legal Issues
- 1 Whether articles of clerkship constitute a contract of employment
- 2 Whether the applicant was 'unemployed' within the meaning of s.11 of the Employment Insurance Act and s.31 of the Employment Insurance Regulations
Ratio Decidendi
The Court found the articles of clerkship constituted a contract of employment and therefore the applicant was not 'unemployed' within the meaning of s.11 of the Employment Insurance Act and s.31 of the Employment Insurance Regulations; the application for judicial review was 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
Dion v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2002-11-19 Neutral citation 2002 FCA 458 File numbers A-531-01 Decision Content Date: 20021119 Docket: A-531-01 Québec, Quebec, November 19, 2002 CORAM: CHIEF JUSTICE RICHARD DÉCARY J.A. NOËL J.A. BETWEEN: RENÉ DION Applicant and ATTORNEY GENERAL OF CANADA Respondent JUDGMENT The application for judicial review is dismissed with costs. "John D. Richard" Chief Justice Certified true translation Suzanne M. Gauthier, C.Tr., LL.L. Date: 20021119 Docket: A-531-01 Neutral Citation: 2002 FCA 458 CORAM: CHIEF JUSTICE RICHARD DÉCARY J.A. NOËL J.A. BETWEEN: RENÉ DION Applicant and ATTORNEY GENERAL OF CANADA Respondent Hearing held at Québec, Quebec, on November 19, 2002. Judgment delivered from the bench at Québec, Quebec, on November 19, 2002. REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A. Date: 20021119 Docket: A-531-01 Neutral Citation: 2002 FCA 458 CORAM: CHIEF JUSTICE RICHARD DÉCARY J.A. NOËL J.A. BETWEEN: RENÉ DION Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Québec, Quebec, on November 19, 2002) DÉCARY J.A. We are of the opinion that there is no cause for intervention. The applicant's articles of clerkship with a solicitor were in the nature of a contract of employment. The applicant was not unemployed within the meaning of section 11 of the Employment Insurance Act and section 31 of the Employment Insurance Regulations. The application for judicial review will be dismissed with costs. "Robert Décary" Judge Certified true translation Suzanne M. Gauthier, C.Tr., LL.L. FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20021119 Docket: A-531-01 Between: RENÉ DION Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD FILE NO: A-531-01 STYLE: RENÉ DION and ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Québec, Quebec DATE OF HEARING: November 19, 2002 REASONS FOR JUDGMENT OF THE COURT: The Honourable Mr. Justice Décary CONCURRING: Chief Justice Richard Noël J.A. DATED: November 19, 2002 APPEARANCES: René Dion for the applicant Paul Deschênes for the respondent SOLICITORS OF RECORD: RENÉ DION for himself Québec, Quebec DEPARTMENT OF JUSTICE for the respondent Montréal, Quebec