Date: 19991125
Docket: A-582-98
| Coram: DÉCARY J.A. |
LÉTOURNEAU J.A.
NOËL J.A.
Between:
ATTORNEY GENERAL OF CANADA,
Plaintiff,
AND
MICHEL TURGEON,
Defendant.
Hearing held at Montréal, Quebec, November 25, 1999
Judgment rendered at Montréal, Quebec, November 25, 1999
REASONS FOR JUDGMENT BY: DÉCARY J.A.
Date: 19991125
Docket: A-582-98
| Coram: DÉCARY J.A. |
LÉTOURNEAU J.A.
NOËL J.A.
Between:
ATTORNEY GENERAL OF CANADA,
Plaintiff,
AND
MICHEL TURGEON,
Defendant.
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec
on Thursday, November 25, 1999)
DÉCARY J.A.
[1] The board of referees stated that in its opinion the claimant ("the defendant") had not lost his employment because of his misconduct within the meaning of s. 28(1) of the Unemployment Insurance Act because that misconduct was caused by his problems with alcoholism. The umpire, though he found that in the case at bar the alcoholism was not [TRANSLATION] "well documented by extensive medical evidence", did not intervene in the board of referees" decision as the latter was [TRANSLATION] "responsible for the facts".
[2] On the contrary, the umpire should have intervened. Even admitting purely for the sake of argument that alcoholism could be relied on to justify misconduct within the meaning of s. 28(1), there was no evidence before the board of referees in the case at bar allowing it to conclude that the alcohol problem alleged by the claimant was such as to allow him to argue this justification. The mere fact of having an alcohol problem is not in itself sufficient to make the exclusion contained in s. 28(1) inapplicable to a claimant.
[3] The application for judicial review will be allowed with costs, the decision of the umpire quashed and the matter referred back to the chief umpire or such umpire as he shall appoint to be decided on the basis that the Commission"s appeal should be allowed and the board of referees" decision on March 12, 1996 set aside.
| Robert Décary J.A. |
Certified true translation
Bernard Olivier, LL. B.
| FEDERAL COURT OF APPEAL Date: 19991125 Docket: A-582-98
LÉTOURNEAU J.A. NOËL J.A. Between: ATTORNEY GENERAL OF CANADA, Plaintiff, AND MICHEL TURGEON, Defendant. REASONS FOR ORDER |
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| COURT No.: A-582-98 |
| STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA, |
Plaintiff,
AND
MICHEL TURGEON,
Defendant.
PLACE OF HEARING: Montréal, Quebec
| DATE OF HEARING: November 25, 1999 |
REASONS FOR JUDGMENT OF THE COURT (DÉCARY, LÉTOURNEAU AND NOËL JJ.A.)
DATED: November 25, 1999
APPEARANCES:
| Francisco Couto for the plaintiff |
| Claudine Barabé for the defendant |
SOLICITORS OF RECORD:
| Deputy Attorney General of Canada for the plaintiff |
Ottawa, Ontario
| CAMPEAU, OUELLET & ASSOCIÉS for the defendant |
Montréal, Quebec
Date: 19991125
Docket: A-582-98
MONTRÉAL, QUEBEC, NOVEMBER 25, 1999
| CORAM: DÉCARY J.A. |
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA,
Plaintiff,
AND
MICHEL TURGEON,
Defendant.
JUDGMENT
The application for judicial review is allowed with costs, the decision of the umpire quashed and the matter referred back to the chief umpire or such umpire as he shall appoint to be decided by him on the basis that the Commission"s appeal should be allowed and the board of referees" decision on March 12, 1996 set aside.
| Robert Décary J.A. |
Certified true translation
Bernard Olivier, LL. B.