Date: 20040115
Docket: A-184-03
Citation: 2004 FCA 17
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NADON J.A.
BETWEEN:
JEFFREY LEPAGE
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Hearing held at Montréal, Quebec, on January 15, 2004.
Judgment from the bench at Montréal, Quebec, on January 15, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
Date: 20040115
Docket: A-184-03
Citation: 2004 FCA 17
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NADON J.A.
BETWEEN:
JEFFREY LEPAGE
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec, on January 15, 2004)
NADON J.A.
[1] Despite the fact that his decision is not as clear as we would have liked, we consider that the umpire was right to intervene in the instant case to correct the errors made by the board of referees.
[2] In our view, there can be no doubt that the board of referees failed to consider important evidence contained in the record, showing that the claimant had lost his employment due to a stoppage of work that was directly attributable to a labour dispute.
[3] Consequently, despite the very able argument of Mr. de Merchant, we are satisfied that the umpire made no error that would warrant the Court's intervention.
[4] The application for judicial review is therefore dismissed with costs. A copy of these reasons will be filed in cases A-94-03, A-182-03, A-183-03, A-185-03 and A-186-03 in support of the judgments dismissing the applications for judicial review. In these cases, the respondent will be entitled to his disbursements.
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Certified true translation
Suzanne M. Gauthier, C Tr, LLL
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-184-03
STYLE OF CAUSE: JEFFREY LEPAGE
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: January 15, 2004
REASONS FOR JUDGMENT OF THE COURT (DESJARDINS, LÉTOURNEAU AND NADON JJ.A.)
DELIVERED FROM THE BENCH BY: NADON J.A.
APPEARANCES:
William de Merchant FOR THE APPLICANT
Pauline Leroux FOR THE RESPONDENT
SOLICITORS OF RECORD:
Ouellet, Nadon & Associés FOR THE APPLICANT
Montréal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Montréal, Quebec