Date:20001214
Docket:A-369-99
CORAM: LÉTOURNEAU J.A.
SEXTON J.A.
MALONE J.A.
BETWEEN:
E. JANE STAMP
Applicant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
Heard at Toronto, Ontario, Wednesday, December 13, 2000,
Judgment delivered from the Bench at Toronto, Ontario,
on Wednesday, December 13, 2000
| REASONS FOR JUDGMENT OF THE COURT PRONOUNCED BY: SEXTON J.A. |
Date: 20001214
Docket: A-369-99
CORAM: LÉTOURNEAU J.A.
SEXTON J.A.
MALONE J.A.
BETWEEN:
E. JANE STAMP
Applicant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario,
on Wednesday, December 13, 2000)
SEXTON J.A.
| _. The Applicant worked as an accountant for her husband in his medical practice. She was paid annually and no records of the amount of time or date when she worked were kept. When the applicant was on maternity leave after the birth of her two children she applied for and received unemployment insurance benefits. |
| _. While she was on maternity leave, no one was hired to replace her and the Commission took the position that she had continued to provide accounting services for her husband throughout the maternity leave. |
| _. The applicant appealed to the Board of Referees alleging that the extent of her work during her maternity period was limited to approximately one hour per month. The Board dismissed her appeal. The applicant appealed to the Umpire who upheld the Board's decision finding that there was ample evidence to substantiate that the applicant was employed on an oral contract of employment for the performance of accounting services to her husband's medical practice over a full 52 week period including her maternity period. |
| _. Because of the absence of records, this case turns on the credibility of the applicant. The Board was in the best position to assess the applicant's credibility and her evidence was obviously not accepted. |
| _. Despite the able submissions of Mr. D'Agostino we can find no reviewable error in the decision of the Umpire. |
| _. The application will therefore be dismissed. |
"J.E. Sexton"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| DOCKET: A-369-99 |
| STYLE OF CAUSE: E. JANE STAMP |
Applicant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
DATE OF HEARING: WEDNESDAY, DECEMBER13, 2000
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT OF
| THE COURT PRONOUNCED BY: SEXTON J.A. |
Delivered at Toronto, Ontario on Wednesday, December 13, 2000
APPEARANCES: Mr. Edward D'Agostino
For the Applicant
Mr. Andre Chamberlain
| For the Respondent |
| SOLICITORS OF RECORD: Hobson, Taylor, Oldfield, |
Greaves & D'Agostino
Barristers & Solicitors
172 King St. S.
P.O. Box 16580
Waterloo, Ontario
N2J 4X8
| For the Applicant |
| Morris Rosenberg |
| Deputy Attorney General of Canada |
| For the Respondent |
FEDERAL COURT OF APPEAL
Date: 20001214
Docket: A-369-99
BETWEEN:
| E. JANE STAMP |
Applicant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
| REASONS FOR JUDGMENT |
OF THE COURT