Dion v. Canada (Attorney General)
The Board of Referees' finding that there was no interruption of earnings within s.37(1) was supported by the evidence (no real separation and/or no non‑payment); the umpire did not err in law or unreasonably apply the law and therefore intervention by the umpire was unwarranted; the applications for judicial review...
Source-derived case information.
- Citation
- 2003 FCA 413
- Parties
- Applicant: Sonia Dion et al.; Respondent: The Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 4 November 2003
- Procedural Posture
- Judicial Review (employment Insurance) / Dismissal at Federal Court of Appeal
- Outcome
- Application dismissed with costs
- Legal Topics
- Interruption of Earnings, Subsection 37(1) Employment Insurance Act, Standard of Review, Umpire Intervention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sonia Dion et al.
Applicant
The Attorney General of Canada
Respondent
Procedural Posture
Judicial Review (employment Insurance) / Dismissal at Federal Court of Appeal
Legal Issues
- 1 Whether there was an interruption of earnings within the meaning of s.37(1) of the Employment Insurance Act
- 2 Whether the umpire erred in law or made an unreasonable application of the law in intervening
- 3 Whether intervention by the umpire was warranted
Ratio Decidendi
The Board of Referees' finding that there was no interruption of earnings within s.37(1) was supported by the evidence (no real separation and/or no non‑payment); the umpire did not err in law or unreasonably apply the law and therefore intervention by the umpire was unwarranted; the applications for judicial review are dismissed with costs.
Court Disposition
Application dismissed with costs
Orders
- Application for judicial review dismissed with costs
- Costs to be determined on basis of a single application and to include costs of preparing each associated record
Full Case Text
Judgment text and source record
1 paragraphs
Dion v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2003-11-04 Neutral citation 2003 FCA 413 File numbers A-251-02 Decision Content Date: 20031104 Docket: A-251-02 Citation: 2003 FCA 413 CORAM: DÉCARY J.A. NOËL J.A. NADON J.A. BETWEEN: SONIA DION ET AL.1 Applicants and THE ATTORNEY GENERAL OF CANADA Respondent Hearing held at Montréal, Quebec, on November 4, 2003. Judgment delivered from the bench at Montréal, Quebec, on November 4, 2003 REASONS FOR JUDGMENT OF THE COURT: DÉCARY J.A. _______________________ 1 List of forty-six (46) applications for judicial review of this group Date: 20031104 Docket: A-251-02 Citation: 2003 FCA 413 CORAM: DÉCARY J.A. NOËL J.A. NADON J.A. BETWEEN: SONIA DION ET AL.1 Applicants and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on November 4, 2003) DÉCARY J.A. [1] We are satisfied that the umpire asked himself the right questions, that he did not err in defining the applicable standards of law and that he did not apply these standards unreasonably. _______________________ 1 List of forty-six (46) applications for judicial review of this group [2] The Board of Referees was entitled to find that there had been no interruption of earnings within the meaning of subsection 37(1) of the Employment Insurance Act, in that the evidence in the record supported the finding that there had not really been a separation from employment and/or that there had not been non-payment of earnings. [3] Under the circumstances, the intervention of the umpire would have been unwarranted. [4] This application for judicial review as well as the 45 applications associated with it will therefore be dismissed with costs. [5] The parties agreed at the hearing that the costs for the memorandum and the oral arguments would be determined on the basis of a single application, but that they would include the costs of preparing each of the other records. [6] A copy of these reasons and a certified copy of the judgment will be placed in all of the other files in lieu of the original. "Robert Décary" J.A. Certified true translation Kelley A. Harvey, BA, BCL, LLB FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-251-02 (APPLICATION FOR JUDICIAL REVIEW OF A DECISION BY THE EMPLOYMENT INSURANCE COMMISSION DATED MARCH 1, 2002 IN CUB 53776). STYLE OF CAUSE: SONIA DION ET AL. and THE ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: November 4, 2003 REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY, NOËL, NADON JJ.A. DELIVERED FROM THE BENCH BY: DÉCARY J.A. APPEARANCES: William De Merchant FOR THE APPLICANTS Pauline Leroux FOR THE RESPONDENT SOLICITORS OF RECORD: OUELLET, NADON & ASSOCIÉS Montréal, Quebec FOR THE APPLICANTS MORRIS ROSENBERG Deputy Attorney General of Canada Montréal, Quebec FOR THE RESPONDENT