Date: 20050629
Docket: A-629-04
Citation: 2005 FCA 248
CORAM: CHIEF JUSTICE RICHARD
NADONJ.A.
BETWEEN:
KRISTOPHER PARSONS
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
Hearing held at Ottawa, Ontario, on June 29, 2005.
Judgment delivered from the bench at Ottawa, Ontario, on June 29, 2005.
REASONS FOR JUDGMENT OF THE COURT: NADON J.A.
Date: 20050629
Docket: A-629-04
Citation: 2005 FCA 248
CORAM: CHIEF JUSTICE RICHARD
NADONJ.A.
BETWEEN:
KRISTOPHER PARSONS
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Ottawa, Ontario, on June 29, 2005)
[1] We all agree that the Umpire was justified in intervening and making the decision that the Board of Referees should have made, given that the Board of Referees failed to consider relevant and significant evidence supporting the allegations of the applicant's misconduct.
[2] After reviewing the evidence, the Umpire determined that there could be no doubt that by his absences and tardiness, the applicant showed a lack of concern with respect to his employer.
[3] Accordingly, in the Umpire's opinion, the Commission's decision to the effect that the applicant had lost his employment because of his misconduct should be reestablished.
[4] In our opinion, in so finding, the Umpire did not err in any way that would warrant our intervention. Further, it is obvious to us that the Board of Referees, in finding as it did, did not in any way understand the concept of misconduct supporting the Commission's decision.
[5] For these reasons, the application for judicial review will be dismissed.
"M. Nadon"
J.A.
Certified true translation
Kelley A. Harvey, BCL, LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-629-04
STYLE OF CAUSE: Kristopher Parsons v. Attorney General of Canada
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: June 29, 2005
REASONS FOR JUDGMENT OF THE COURT: (Richard C.J., Noël J.A., Nadon J.A.
DELIVERED FROM THE BENCH (BY): Nadon J.A.
APPEARANCES:
Pierre Étienne Daignault Louis Michaud |
FOR THE APPLICANT |
Alexandre Kaufman |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
CLINIQUE JURIDIQUE POPULAIRE DE PRESCOTT ET RUSSELL INC. Hawkesbury, Ontario
|
FOR THE APPLICANT |
John H. Sim, Q.C. Deputy Attorney General of Canada Ottawa, Ontario |
FOR THE RESPONDENT |