Date: 20010302
Docket: A-704-99
Montréal, Quebec, Friday, March 2, 2001
Coram: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
Between:
SONIA DURAND
Plaintiff
AND:
THE ATTORNEY GENERAL OF CANADA
Defendant
JUDGMENT
The application for judicial review is allowed, the decision of the umpire is quashed and the matter is referred back to the chief umpire or his delegate to be decided on the basis that the Commission's appeal should be dismissed.
The whole without costs.
|
Jalice Desjardins Judge |
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
Date: 20010302
Docket: A-704-99
Neutral reference: 2001 FCA 47
Coram: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
Between:
SONIA DURAND
Plaintiff
AND:
THE ATTORNEY GENERAL OF CANADA
Defendant
Hearing held at Montréal, Quebec
on Friday, March 2, 2001
Judgment rendered at Montréal, Quebec
on Friday, March 2, 2001
REASONS FOR JUDGMENT BY: NOËL J.A.
Date: 20010302
Docket: A-704-99
Neutral reference: 2001 FCA 47
Coram: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
Between:
SONIA DURAND
Plaintiff
AND:
THE ATTORNEY GENERAL OF CANADA
Defendant
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec
on Friday, March 2, 2001)
NOËL J.A.
[1] We consider that the umpire was wrong to intervene. Clause 12.2.06 of the collective agreement provides:
[TRANSLATION]
. . . the [school] board shall cease to pay the isolated post . . . allowance mentioned herein if the teacher . . . voluntarily leaves the territory for . . . a paid absence of over 30 days, except for annual vacation, sick leave, maternity or adoption leave or leave for an industrial accident and occupational disease.
[2] In the case at bar, the defendant conceded that the claimant voluntarily left the territory and under the collective agreement it was only on account of the fact that she was on maternity leave that the isolated post allowance was continued. Based on the facts at issue here, therefore, the allowance was paid on account of pregnancy within the meaning of section 38 of the Employment Insurance Regulations, SOR/96-332.
[3] The application for judicial review will be allowed, the decision of the umpire quashed and the matter referred back to the chief umpire or his delegate to be decided on the basis that the Commission's appeal should be dismissed. Since the plaintiff did not apply for costs, none are awarded.
|
Marc Noël J.A. |
Québec, Quebec
January 31, 2001
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20010302
Docket: A-704-99
Between:
SONIA DURAND
Plaintiff
AND
THE ATTORNEY GENERAL OF CANADA
Defendant
REASONS FOR JUDGMENT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE: A-704-99
STYLE OF CAUSE: SONIA DURAND
Plaintiff
AND
THE ATTORNEY GENERAL OF CANADA
Defendant
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: March 2, 2001
REASONS FOR JUDGMENT: Noël J.A.
DATED: March 2, 2001
APPEARANCES:
Jean-Guy Ouellet FOR THE PLAINTIFF
Carole Bureau FOR THE DEFENDANT
SOLICITORS OF RECORD:
Campeau, Ouellet FOR THE PLAINTIFF
Montréal, Quebec
Morris Rosenberg FOR THE DEFENDANT
Deputy Attorney General of Canada
Montréal, Quebec