Federal Court of Appeal Decisions

Date: 20041215

Docket: A-508-03

Citation: 2004 FCA 431     

CORAM:         DÉCARY J.A.

ROTHSTEIN J.A.

MALONE J.A.

BETWEEN:

GERALDINE CARSON

Applicant

and

ATTORNEY GENERAL OF CANADA

Respondent

Heard at Edmonton, Alberta, on December 14, 2004.

Judgment delivered at Edmonton, Alberta, on December 15, 2004.

REASONS FOR JUDGMENT BY:                                                  D_CARY J.A.

CONCURRED IN BY:                                                                        ROTHSTEIN J.A.

MALONE J.A.

Date: 20041215

Docket: A-508-03

Citation: 2004 FCA 431       

CORAM:         DÉCARY J.A.

ROTHSTEIN J.A.

MALONE J.A.

BETWEEN:

GERALDINE CARSON

Applicant

and

ATTORNEY GENERAL OF CANADA

Respondent

REASONS FOR JUDGMENT

D_CARY J.A.

[1]         The appellant, who worked as a teacher, was denied unemployment benefits because she did not have enough insurable hours. Pursuant to ss. 7(3) and 7(4) of the Employment Insurance Act, she needed at least 910 insurable hours.

[2]         The Minister determined that she had 697 hours. On appeal to the Tax Court, that amount was increased by the Judge to 853, still short of the minimum required.

[3]         The appellant's main quarrel with the findings of the Tax Court Judge is that he did not allow for a reasonable number of hours of work that were completed at home, during the evenings.

[4]         The determination of actual insurable hours is a question of fact. While we have much sympathy for the appellant's circumstances our hands are tied and we may only intervene with that finding of fact if it was made in a perverse or capricious manner or without regard to the material before the trial court.

[5]         The judge, here, was meticulous, reasonable and generous to the appellant. He accepted much of her evidence while at the same time considering all the material which was supported by contemporaneous documentation. The extra hours claimed by the appellant were in fact taken into account by the judge who included them in the allocation he made for after school hours.

[6]         We will therefore dismiss the appeal, without costs in the circumstances.

"Robert Décary "                  

J.A.

     "I agree

Marshall Rothstein J.A."

     "I agree

Brian Malone J.A."

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                              A-508-03

(APPEAL FROM A JUDGMENT OF THE TAX COURT OF CANADA DATED JULY 16, 2003, DOCKET No. 2002-3342(EI))

STYLE OF CAUSE:                                                             GERALDINE A. CARSON v.

ATTORNEY GENERAL OF CANADA

PLACE OF HEARING:                                                        Edmonton, AB

DATE OF HEARING:                                                           December 14, 2004

REASONS FOR JUDGMENT BY:                                    DICARY, ROTHSTEIN, MALONE JJ.A.

CONCURRED IN BY:                                                        

CONCURRING REASONS BY:                                       

DISSENTING REASONS BY:                                          

DATED:                                                                                  December 15, 2004

APPEARANCES:

Geraldine Carson	FOR THE APPELLANT
Marta E. Burns	FOR THE RESPONDENT

(self-represented)

FOR THE APPELLANT

Department of Justice Canada - Edmonton, AB

FOR THE RESPONDENT