BETWEEN:
and
Hearing held at Montréal, Quebec, on March 15, 2006.
Judgment delivered at Ottawa, Ontario, on March 22, 2006.
REASONS FOR JUDGMENT: LÉTOURNEAU J.A.
CONCURRED IN BY: DESJARDINS J.A.
NOËL J.A.
Date: 20060322
Docket: A-257-05
Citation: 2006 FCA 120
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
DENIS FORGUES
Applicant
and
STEVE MUCKAL ET AL.
Respondents
REASONS FOR JUDGMENT
[1] This is an application for judicial review of an employment insurance decision by an umpire. In his decision, the umpire affirmed the board of referees' determination to the effect that the applicant was not entitled to employment insurance benefits because he had lost his employment as a result of his misconduct.
[2] According to the evidence relied on by the board of referees and the umpire in their respective decisions, the applicant made verbal threats against the person in charge of the service and made offensive and hurtful remarks about his boss and the secretary. The dismissal occurred after warnings were served on the applicant, to no avail.
[3] The applicant is challenging the umpire's findings of fact regarding the threats and offensive remarks in that he is denying the events alleged against him. Given that there was evidence before the umpire supporting the findings of fact that he made, and as those findings are not wrong or unreasonable, the Court has no reason or power to intervene against this aspect of the umpire's decision.
[4] With respect to the issue of whether the alleged acts amount to misconduct within the meaning of the Employment Insurance Act, S.C. 1996, c. 23 (Act), I am satisfied that the umpire was correct in law on the notion of misconduct and did not err in any way in his application to the facts in this case.
[5] The umpire stated that, in his opinion, the decision by the board of referees, while correct, was not sufficiently reasoned. He then proceeded "to give the decision that should have been given": see the umpire's decision at page 10 of the respondents' record.
[6] A careful reading of the umpire's decision indicates that he did not set aside the decision of the board of referees, but rather was concerned with providing the reasons that the board of referees should have given in support of the decision. Hence the dismissal of the claimant's appeal against the decision by the board of referees.
[7] Assuming that the decision by the board of referees was not sufficiently reasoned within the meaning of subsection 114(3) of the Act, the umpire had the power under section 117 to provide the necessary reasons in support of the decision by the board of referees, thereby giving the reasoned decision that it should have given.
[8] The application for judicial review was improperly brought against the respondents Steve Muckal et al. The Attorney General of Canada must be substituted in their place as respondent in accordance with section 303 of the Federal Courts Rules. Thestyle of cause of the docket and the pleadings shall therefore be amended accordingly to reflect the respondent's substitution.
[9] For these reasons, the application for judicial review shall be dismissed without costs, the substituted respondent having waived them.
" I concur.
Alice Desjardins J.A."
"I concur.
Marc Noël J.A."
Certified true translation
Kelley A. Harvey, BCL, LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-257-05
STYLE OF CAUSE: DENIS FORGUES v. STEVE MUCKAL et al.
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: March 15, 2006
REASONS FOR JUDGMENT: LÉTOURNEAU J.A.
CONCURRED IN BY: DESJARDINS J.A.
DATE OF REASONS: March 22, 2006
APPEARANCES:
| FOR THE APPLICANT
|
|
| FOR THE RESPONDENTS
|
SOLICITORS OF RECORD:
| John H. Sims, Q.C. Montréal, Quebec |
FOR THE RESPONDENTS
|
Date: 20060322
Docket: A-257-05
Ottawa, Ontario, March 22, 2006
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
DENIS FORGUES
Applicant
and
STEVE MUCKAL ET AL.
Respondents
JUDGMENT
The application for judicial review is dismissed without costs.
"Alice Desjardins"
J.A.
Certified true translation
Kelley A. Harvey, BCL, LLB