Date: 20130507
Docket: A-315-12
Citation: 2013 FCA 125
CORAM: NOËL J.A.
NADON J.A.
PELLETIER J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
and
CLAUDETTE RAYMOND
Respondent
Heard at Montréal, Quebec, on May 7, 2013.
Judgement delivered from the bench at Montréal, Qu ebec, on May 7, 2013.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20130507
Docket: A-315-12
Citation: 2013 FCA 125
CORAM: NOËL J.A.
NADON J.A.
PELLETIER J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
and
CLAUDETTE RAYMOND
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Qu ebec, on May 7, 2013)
NOËL J.A.
[1] Notwithstanding Mr. Deschênes’s excellent arguments, we have been unable to find any error that would justify this Court’s intervention.
[2] Given the wording of the settlement and the fact that none of the proceedings abandoned by the claimant would have given rise to an allocable payment had they been successful, it was open to the Umpire, and the Board of Referees before him, to find that the amount received by the claimant was not allocable under the Employment Insurance Regulations, SOR/96‑332, even in the absence of a breakdown.
[3] The application for judicial review will be dismissed with costs.
“Marc Noël”
J.A.
Certified true translation
Erich Klein
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-315-12
STYLE OF CAUSE: The Attorney General of Canada v.
Claudette Raymond
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: May 7, 2013
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
NADON J.A.
PELLETIER J.A.
DELIVERED FROM THE BENCH BY: NOËL J.A.
APPEARANCES:
|
Véronique Forest Paul Deschênes
|
FOR THE APPLICANT
|
|
Hans Marotte |
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
William F. Pentney Deputy Attorney General of Canada Ottawa, Ontario
|
FOR THE APPLICANT
|
|
Hans Marotte Montréal, Quebec |
FOR THE RESPONDENT
|