A-138-96
CORAM: DENAULT, J.A.
LINDEN, J.A.
ROBERTSON, J.A.
Between:
MARIA ELSIE FALCONAR
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
Heard at Vancouver, BC on September 5, 1997
Reasons delivered from the Bench at Vancouver, BC
on September 5, 1997
REASONS FOR JUDGMENT: DENAULT, J.A.
A-138-96
CORAM: THE HONOURABLE MR. JUSTICE DENAULT
THE HONOURABLE MR. JUSTICE LINDEN
THE HONOURABLE MR. JUSTICE ROBERTSON
Between:
MARIA ELSIE FALCONAR
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
REASONS FOR JUDGMENT
(Delivered from the Bench at
Vancouver, B.C. on September 5, 1997)
DENAULT, J.A.
In the present case, we are all of the view that the Umpire improperly substituted his opinion for that of the Board of Referees without identifying any error of law or erroneous finding of fact made in a perverse or capricious manner. The Umpire should have followed the test established by this Court in Roberts1 and in McCarthy2.
The Umpire thereby committed an error of law. His decision must be set aside and the matter referred back to the Chief Umpire or his designate for reconsideration on the basis that the Board of Referees had evidence before it upon which it could decide as it did.
(Sgd.) "Pierre Denault"
J.A.
September 5, 1997
Vancouver, British Columbia
NAMES OF COUNSEL AND SOLICITORS OF RECORD
STYLE OF CAUSE: MARID ELSIE FALCONAR
- and -
HER MAJESTY THE QUEEN
COURT NO.: A-138-96
PLACE OF HEARING: Vancouver, BC
DATE OF HEARING: September 5, 1997
REASONS FOR JUDGMENT OF THE COURT BY: DENAULT, J.A.
CONCURRED IN BY: LINDEN, J.A.
ROBERTSON, J.A.
DATED: September 5, 1997
APPEARANCES:
Ms. Carol Rosset for Plaintiff
Ms. Brenda Carbonell for Defendant
SOLICITORS OF RECORD:
Legal Services Society of B.C. for Plaintiff
Vancouver, BC
George Thomson for Defendant
Deputy Attorney General of Canada
__________________
1 Roberts et al. v. Canada Employment and Immigration Commission (1985), 60 N.R. 349
2 Canada (A.G.) v. McCarthy (1994), 174 N.R. 28