Date: 20041209
Docket: A-170-04
Citation: 2004 FCA 425
CORAM: DESJARDINS J.A.
NADON J.A.
PELLETIER J.A.
BETWEEN:
CHRISTIAN ALCINDOR
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
Hearing held at Montréal, Quebec, December 9, 2004.
Judgment delivered from the bench at Montréal, Quebec, December 9, 2004.
REASONS FOR JUDGMENT OF THE COURT: NADON J.A.
Date: 20041209
Docket: A-170-04
Citation: 2004 FCA 425
CORAM: DESJARDINS J.A.
NADON J.A.
PELLETIER J.A.
BETWEEN:
CHRISTIAN ALCINDOR
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec, December 9, 2004)
NADON J.A.
[1] Mr. Alcindor has failed to persuade us that the Umpire erred in upholding the decision of the Board of Referees that the sums of $3,787.92 and $20,613.47 he received from his employer constituted earnings under section 35 of the Employment Insurance Regulations and consequently that these sums should be allocated in accordance with subsection 35(9) of the Regulations from January 19, 2003, on.
[2] The application for judicial review will therefore be dismissed with costs.
Marc Nadon
J.A.
Certified true translation
K.A. Harvey
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-170-04
STYLE: CHRISTIAN ALCINDOR
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: December 9, 2004
REASONS FOR JUDGMENT OF THE COURT: DESJARDINS, NADON, PELLETIER. JJ.A.
DELIVERED FROM THE BENCH BY: NADON J.A.
APPEARANCES:
Christian Alcindor FOR HIMSELF (APPLICANT)
Paul Deschênes FOR THE RESPONDENT
SOLICITORS OF RECORD:
Christian Alcindor FOR HIMSELF (APPLICANT)
Montréal, Quebec
MORRIS ROSENBERG FOR THE RESPONDENT
Deputy Attorney General of Canada
Montréal, Quebec
Date: 20041209
Docket: A-170-04
Montréal, Quebec, December 9, 2004
CORAM: DESJARDINS J.A.
NADON J.A.
PELLETIER J.A.
BETWEEN:
CHRISTIAN ALCINDOR
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
JUDGMENT
The application for judicial review is dismissed with costs.
"Alice Desjardins"
J.A.
Certified true translation
K.A. Harvey