Date: 20020924
Docket: A-354-01
Neutral citation: 2002 FCA 345
CORAM: ROTHSTEIN J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
- and -
KIRSTEN DIDIODATO
Respondent
Heard at Toronto, Ontario, on Tuesday, September 24, 2002.
Judgment delivered from the Bench at Toronto, Ontario, on Tuesday, September 24, 2002.
REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A.
Date: 20020924
Docket: A-354-01
Neutral citation: 2002 FCA 345
CORAM: ROTHSTEIN J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
- and -
KIRSTEN DIDIODATO
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto,
Ontario, on Tuesday, September 24, 2002)
EVANS J.A.
[1] This is an application for judicial review of a decision of an Umpire (CUB 5136) upholding a decision of the Board of Referees to deem Karen Didiodato to have the minimum number of hours of insurable employment prior to February 20, 2000, to qualify her for the receipt of employment insurance benefits. The Board reversed the Commission's refusal of the claim on the ground that the claimant had insufficient hours.
[2] A question that arises in the course of a claim concerning a claimant's number of hours of insurable employment must be determined by an authorized officer of the Canada Customs and Revenue Agency: Employment Insurance Act, S.C. 1996, c. 23, paragraph 90(1)(d) and section 122. Neither the Board of Referees, nor an Umpire, has jurisdiction to determine this question: Canada (Attorney General) v. Haberman, [2000] F.C.J. No. 1215; Canada (Attorney General) v. Thiara (2001), 288 N.R. 12 (F.C.A.). The Board and the Umpire therefore exceeded their jurisdiction in this case when they determined Ms. Didiodato's number of hours of insurable employment.
[3] For these reasons, the application for judicial review will be allowed, the decisions of the Umpire and the Board of Referees will be set aside, and the matter will be remitted to the Chief Umpire so that he may order the Commission to request an officer authorized by the Canada Customs and Revenue Agency to determine Ms. Didiodato's hours of insurable employment in the period relevant to her claim.
"John M. Evans"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-354-01
STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA
Applicant
- and -
KIRSTEN DIDIODATO
Respondent
DATE OF HEARING: TUESDAY, SEPTEMBER 24, 2002
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: EVANS, J.A.
DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON TUESDAY, SEPTEMBER 24, 2002.
DATED: TUESDAY, SEPTEMBER 24, 2002
APPEARANCES BY: Mr. Derek Edwards
For the Applicant
No Appearance
For the Respondent
SOLICITORS OF RECORD: Morris Rosenburg
Deputy Attorney General of Canada
For the Applicant
Kirsten Didiodato
201 - 400 York Boulevard
Hamilton, Ontario
L8R 3M5
For the Respondent
FEDERAL COURT OF APPEAL
Date: 20020924
Docket: A-354-01
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
- and -
KIRSTEN DIDIODATO
Respondent
REASONS FOR JUDGMENT
OF THE COURT