Date: 20040311
Docket: A-344-03
Citation: 2004 FCA 103
CORAM: DÉCARY J.A.
BETWEEN:
DANIEL LATOUR
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Hearing held at Montréal, Quebec, on March 11, 2004.
Judgment delivered from the bench at Montréal, Quebec, on March 11, 2004.
REASONS FOR JUDGMENT OF THE COURT: DÉCARY J.A.
Date: 20040311
Docket: A-344-03
Citation: 2004 FCA 103
CORAM: DÉCARY J.A.
BETWEEN:
DANIEL LATOUR
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec, on March 11, 2004)
[1] The claimant was dismissed when his employer discovered, with supporting evidence, including a videocassette, that during sick leave the claimant had engaged in activities inconsistent with the disability which he claimed on the basis of a medical certificate.
[2] The Board of Referees was of the view that if it "found that the claimant misled his employer and destroyed the relationship of trust between them, this would be equivalent to saying that the Board disputed the medical opinion in the appeal docket". The Board then determined that it was "not qualified to confirm or deny a medical diagnosis".
[3] The Umpire was clearly correct to note that the Board had not responded to the question that it had been asked, namely whether the loss of employment was the result of the claimant's misconduct. The Umpire therefore was entitled to reconsider the matter and he did not make a reviewable error in finding that there had been misconduct within the meaning of section 30 of the Employment Insurance Act.
[4] The application for judicial review will be dismissed with costs.
"Robert Décary"
J.A.
Certified true translation
Kelley A. Harvey, BA, BCL, LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-344-03
STYLE OF CAUSE: DANIEL LATOUR
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: March 11, 2004
REASONS FOR JUDGMENT OF THE COURT: (DÉCARY, LÉTOURNEAU, NADON, JJ.A.)
DELIVERED FROM THE BENCH BY: THE HONOURABLE MR. JUSTICE DÉCARY
APPEARANCES:
|
William de Merchant |
FOR THE APPLICANT |
|
Pauline Leroux |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
|
Ouillet, Nadon & Associés Montréal, Quebec |
FOR THE APPLICANT |
|
Morris Rosenberg Deputy Attorney General of Canada Montréal, Quebec
|
FOR THE RESPONDENT |