Canada (Attorney General) v. Gibbs
Because availability for work is a factual question and the board of referees' finding that the respondent was available was rationally supportable on the evidence with no misstatement of law, the Umpire's decision upholding the board must be upheld and the application for judicial review dismissed.
Source-derived case information.
- Citation
- 2004 FCA 400
- Parties
- Applicant: The Attorney General of Canada; Respondent: Kichusa Gibbs
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 25 November 2004
- Procedural Posture
- Judicial Review of Administrative Decision / Final Judgment on Application (dismissed)
- Outcome
- Application for judicial review dismissed
- Legal Topics
- Availability for Work, Standard of Review, Board of Referees Findings, Umpire Decision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Attorney General of Canada
Applicant
Kichusa Gibbs
Respondent
Procedural Posture
Judicial Review of Administrative Decision / Final Judgment on Application (dismissed)
Legal Issues
- 1 Whether the claimant was available for work for purposes of employment insurance
- 2 Whether the board of referees' factual finding was irrational and susceptible to review
- 3 Whether there was a misstatement of the relevant legal principles by the board or umpire
Ratio Decidendi
Because availability for work is a factual question and the board of referees' finding that the respondent was available was rationally supportable on the evidence with no misstatement of law, the Umpire's decision upholding the board must be upheld and the application for judicial review dismissed.
Court Disposition
Application for judicial review dismissed
Orders
- Application for judicial review dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Gibbs Court (s) Database Federal Court of Appeal Decisions Date 2004-11-25 Neutral citation 2004 FCA 400 File numbers A-87-04 Decision Content Date: 20041125 Docket: A-87-04 Citation: 2004 FCA 400 CORAM: DÉCARY J.A. SEXTON J.A. EVANS J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and KICHUSA GIBBS Respondent Heard at Toronto, Ontario on November 25, 2004. Judgment delivered from the Bench at Toronto, Ontario, on November 25, 2004. REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A. Date: 20041125 Docket: A-87-04 Citation: 2004 FCA 400 CORAM: DÉCARY J.A. SEXTON J.A. EVANS J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and KICHUSA GIBBS Respondent REASONS FOR JUDGMENT (Delivered from the Bench at Toronto, Ontario, on November 25, 2004) EVANS J.A. [1] Counsel for the Minister conceded that whether a claimant for employment insurance benefits is available for work is essentially a question of fact. In the absence of a misstatement of the relevant legal principles, the board of referees' finding that the respondent was available for work should not be disturbed if rationally supportable on the evidence. [2] We are not persuaded that the board's finding was irrational. [3] For these reasons, the application for judicial review of the Umpire's decision upholding the board of referees will be dismissed. "John M. Evans" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-87-04 STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA Applicant and KICHUSA GIBBS Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: NOVEMBER 25, 2004 REASONS FOR JUDGMENT OF THE COURT : (DÉCARY, SEXTON, EVANS JJ.A.) DELIVERED FROM THE BENCH BY: EVANS J.A. APPEARANCES: Sharon McGovern For the Applicant Kichusa Gibbs For the Respondent SOLICITORS OF RECORD: Morris Rosenberg Deputy Attorney General of Canada For the Applicant Kichusa Gibbs Brampton, ON For the Respondent