Date: 20041125
Docket: A-87-04
Citation: 2004 FCA 400
CORAM: DÉCARY 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.
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)
[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