BETWEEN:
THE ATTORNEY GENERAL OF CANADA
and
Heard at Winnipeg, Manitoba, on May 7, 2007.
Judgment delivered from the Bench at Winnipeg, Manitoba, on May 7, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.
Docket: A-315-06
Citation: 2007 FCA 181
CORAM: RICHARD C.J.
LINDEN J.A.
RYER J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
and
JEFF CLARK
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Winnipeg, Manitoba by the Chief Justice on May 7, 2007)
[1] This is an application for judicial review of the decision dated June 8, 2006, (CUB65975) of the Honourable Paul Rouleau acting as Umpire under the Employment Insurance Act, S.C. 1996,
c. 23 (the “Act”). The Umpire dismissed an appeal by the Canada Employment Insurance Commission (“Commission”) from a decision of the Board of Referees which held that the respondent did not lose his employment by reason of his own misconduct and that he was therefore entitled to benefits.
[2] In the circumstances of this case, the Board of Referees was entitled to find on the evidence before it that the respondent’s failure to retain a valid driver’s licence did not amount to misconduct under s. 30 of the Act since it was not an essential condition of the employment that had been performed by him at the time of his dismissal.
[3] Accordingly, the application for judicial review will be dismissed.
"J. Richard"
Chief Justice
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-315-06
STYLE OF CAUSE: The Attorney General of Canada v. Jeff Clark
PLACE OF HEARING: Winnipeg, Manitoba
REASONS FOR JUDGMENT OF THE COURT BY: Richard C.J.
Linden J.A.
Ryer J.A.
DELIVERED FROM THE BENCH BY: Richard C.J.
APPEARANCES:
|
Department of Justice Edmonton, AB
|
FOR THE APPLICANT
|
|
Winnipeg, MB
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
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Deputy Attorney General of Canada
|
FOR THE APPLICANT
|
|
Winnipeg, MB
|
FOR THE RESPONDENT
|