Bourgeois v. Canada (Attorney General)
The application was dismissed because the applicant failed to prove that the dismissal payments were not 'earnings' under the Act; the Umpire and Board of Referees' contrary findings were supported by the evidence.
Source-derived case information.
- Citation
- 2004 FCA 117
- Parties
- Applicant: Yvan Bourgeois; Respondent: The Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 18 March 2004
- Procedural Posture
- Judicial Review / Appeal to Federal Court of Appeal
- Outcome
- Application for judicial review dismissed with costs.
- Legal Topics
- Earnings, Dismissal Payments, Burden of Proof, Administrative Decision Making
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yvan Bourgeois
Applicant
The Attorney General of Canada
Respondent
Procedural Posture
Judicial Review / Appeal to Federal Court of Appeal
Legal Issues
- 1 Whether amounts received on dismissal constitute 'earnings' under the Act
- 2 Whether the applicant discharged the burden to prove the sums were not earnings
- 3 Whether the Umpire and Board of Referees' findings were supported by the evidence
Ratio Decidendi
The application was dismissed because the applicant failed to prove that the dismissal payments were not 'earnings' under the Act; the Umpire and Board of Referees' contrary findings were supported by the evidence.
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
Bourgeois v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2004-03-18 Neutral citation 2004 FCA 117 File numbers A-289-03 Decision Content Date: 20040318 Docket: A-289-03 Citation: 2004 FCA 117 CORAM: RICHARD C.J. NOËLJ.A. PELLETIERJ.A. BETWEEN: YVAN BOURGEOIS Applicant and THE ATTORNEY GENERAL OF CANADA Respondent Hearing held at Montréal, Quebec, on March 18, 2004. Judgment delivered from the bench at Montréal, Quebec, on March 18, 2004. REASONS FOR JUDGMENT OF THE COURT: NOËL J.A. Date: 20040318 Docket: A-289-03 Citation: 2004 FCA 117 CORAM: RICHARD C.J. NOËL J.A. PELLETIERJ.A. BETWEEN: YVAN BOURGEOIS Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT BY THE COURT (Delivered from the bench at Montréal, Quebec, on March 18, 2004.) NOËL J.A. [1] It was incumbent upon the applicant to establish that all or part of the sums received as a result of his dismissal amounted to something other than earnings within the meaning of the Act (Attorney General of Canada v. Mary Radigan), [2001] 267 N.R. 129 (FCA). [2] Both the Umpire and the Board of Referees, held that the applicant was unable to discharge this burden. In our opinion, the evidence supported this finding. [3] The application for judicial review will be dismissed with costs. "Marc Noël" J.A. Certified true translation Kelley A. Harvey, BA, BCL, LLB FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-289-03 STYLE OF CAUSE: YVAN BOURGEOIS and THE ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: March 18, 2004 REASONS FOR JUDGMENT OF THE COURT: RICHARD C.J. NOËL J.A. PELLETIER J.A. DELIVERED FROM THE BENCH BY: NOËL J.A. APPEARANCES: Gilbert Nadon FOR THE APPLICANT Carole Bureau FOR THE RESPONDENT SOLICITORS OF RECORD: OUELLET, NADON & ASSOCIÉS Montréal, Quebec FOR THE APPLICANT Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT