Date: 20050623
Citation: 2005 FCA 245
CORAM: RICHARD C.J.
DÉCARY J.A.
NOËL J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
DOUGLAS P. SMITH
Respondent
Heard at St. John's, Newfoundland and Labrador, on June 23, 2005.
Judgment delivered from the Bench at
St. John's, Newfoundland and Labrador, on June 23, 2005.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20050623
Citation: 2005 FCA 245
CORAM: RICHARD C.J.
DÉCARY J.A.
NOËL J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
DOUGLAS P. SMITH
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at St. John's, Newfoundland and Labrador, on June 23, 2005)
[1] This is an application for judicial review by the Attorney General from a decision of an Umpire allowing the respondent's appeal and setting aside the prior decision of the Board of Referees.
[2] The Umpire found that the respondent was available for employment under paragraph 18(a) of the Employment Insurance Act, S.C. 1996, c. 23 despite being enrolled in a course of instruction.
[3] In our view, there was no basis for the Umpire's intervention. The Board of Referees found that the claimant was not actively seeking employment during the relevant period, a finding that was amply supported by the evidence (Faucher v. Canada, [1997] F.C.J. 215 (FCA)).
[4] The application for judicial review will therefore be allowed, the decision of the Umpire will be set aside and the matter will be remitted to the Chief Umpire or his designate for a new determination on the basis that the respondent was not available for work during the relevant period. As no costs were sought, none are awarded.
"Marc Noël"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-619-04
STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA
v. DOUGLAS P. SMITH
PLACE OF HEARING: St. John's, Newfoundland and Labrador
DATE OF HEARING: June 23, 2005
REASONS FOR JUDGMENT OF THE COURT: RICHARD C.J.
DÉCARY J.A.
NOËL J.A.
DELIVERED FROM THE BENCH BY: NOËL J.A.
DATED: June 23, 2005
APPEARANCES:
Mr. W. Dean Smith for the Applicant
Mr. Douglas P. Smith Respondent on his own behalf
Mr. Frederick Smith
SOLICITORS OF RECORD:
John H. Sims, Q.C. for the Applicant
Deputy Attorney General of Canada
Ottawa, Ontario
Mr. Douglas P. Smith Respondent on his own behalf
Mr. Frederick Smith
Hillview, NL