Vezina v. Canada (Attorney General)

Vezina v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2003-04-30 Neutral citation 2003 FCA 198 File numbers A-736-01 Decision Content Date: 20030430 Docket: A-736-01 Québec, Quebec, April 30, 2003 CORAM: DÉCARY J.A. LÉTOURNEAU J.A. PELLETIER J.A. BETWEEN: YANNICK VÉZINA Applicant and THE ATTORNEY GENERAL OF CANADA Respondent JUDGMENT The application for judicial review is dismissed. "Robert Décary" J.A. Certified true translation Suzanne Gauthier, C.Tr., LL.L. Date: 20030430 Docket: A-736-01 Neutral Citation: 2003 FCA 198 CORAM: DÉCARY J.A. LÉTOURNEAU J.A. PELLETIER J.A. BETWEEN: YANNICK VÉZINA Applicant and THE ATTORNEY GENERAL OF CANADA Respondent Hearing held at Québec, Quebec, April 30, 2003. Judgment delivered at Québec, Quebec, April 30, 2003. REASONS FOR JUDGMENT: LÉTOURNEAU J.A. Date: 20030430 Docket: A-736-01 Neutral Citation: 2003 FCA 198 CORAM: DÉCARY J.A. LÉTOURNEAU J.A. PELLETIER J.A. BETWEEN: YANNICK VÉZINA Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT (Delivered from the bench at Québec, Quebec April 30, 2003) LÉTOURNEAU J.A. [1] Notwithstanding the excellent argument by Mr. Jacob and some errors by the Umpire concerning the factual data in this case, we are satisfied that the Umpire reached the right conclusion as to the applicant's lack of availability for work, in view of the personal restrictions that he imposed at this level as a result of his return to school. As this Court stated in Attorney General of Canada v. Bertrand, A-613-81: The question of availability is an objective one - whether a claimant is sufficiently available for suitable employment to be entitled to unemployment insurance benefits - and it cannot depend on the particular reasons for the restrictions on availability however these may evoke sympathetic concern. If the contrary were true, availability would be a completely varying requirement depending on the view taken of the particular reasons in each case for the relative lack of it. [2] The Umpire rightly concluded that the decision of the Board of Referees erred in law concerning the concept of availability and that he was then entitled to intervene. [3] The application for judicial review will be dismissed. "Gilles Létourneau" J.A. Certified true translation Suzanne Gauthier, C.Tr., LL.L. FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20030430 Docket: A-736-01 Between: YANNICK VÉZINA Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT FEDERAL COURT OF CANADA APPEAL DIVISION SOLICITORS OF RECORD DOCKET: A-736-01 STYLE: YANNICK VÉZINA Applicant and THE ATTORNEY GENERAL OF CANADA Respondent PLACE OF HEARING: Québec, Quebec DATE OF HEARING: April 30, 2003 REASONS FOR JUDGMENT OF THE COURT: Létourneau J.A. CONCURRING: Décary J.A. Pelletier J.A. DATED: April 30, 2003 APPEARANCES: Marlène Jacob for the applicant Pauline Leroux for the respondent SOLICITORS OF RECORD: PROULX, MÉNARD, MILLARD, CAUX Québec, Quebec for the applicant DEPARTMENT OF JUSTICE Montréal, Quebec for the respondent