A-984-96
MONTRÉAL, QUEBEC, THE 9TH DAY OF JUNE, 1997
| CORAM: THE HONOURABLE MADAM JUSTICE DESJARDINS |
| THE HONOURABLE MR. JUSTICE DÉCARY |
| THE HONOURABLE DEPUTY JUSTICE CHEVALIER |
| BETWEEN: THE ATTORNEY GENERAL OF CANADA, |
Applicant
AND:
| CHRISTIANE PERRIER, |
Respondent
J U D G M E N T
The application for judicial review is allowed, the umpire"s decision is set aside, and the matter is referred back to the chief umpire or to an umpire he appoints for redetermination on the presumption that the Commission"s decision was consistent with the requirements of section 43 of the Act.
| Alice Desjardins |
| J.A. |
Certified true translation
Christiane Delon
A-984-96
| CORAM: THE HONOURABLE MADAM JUSTICE DESJARDINS |
| THE HONOURABLE MR. JUSTICE DÉCARY |
| THE HONOURABLE DEPUTY JUSTICE CHEVALIER |
BETWEEN:
THE ATTORNEY GENERAL OF CANADA,
Applicant
AND:
CHRISTIANE PERRIER,
Respondent
Hearing held in Montréal,
Monday, June 9, 1997
Judgment rendered in Montréal,
Monday, June 9, 1997
REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS, J.A.
A-984-96
| CORAM: THE HONOURABLE MADAM JUSTICE DESJARDINS |
| THE HONOURABLE MR. JUSTICE DÉCARY |
| THE HONOURABLE DEPUTY JUSTICE CHEVALIER |
| BETWEEN: THE ATTORNEY GENERAL OF CANADA, |
Applicant
AND:
| CHRISTIANE PERRIER, |
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Pronounced at the hearing in Montréal,
Monday, June 9, 1997)
DESJARDINS, J.A.
In view of this Court"s decision in Brien v. Canada Employment and Immigration Commission et al. (A-425-96, A-777-96, A-778-96 and A-779-96) and Rajotte v. Canada Employment and Immigration Commission et al. (A-426-96, A-780-96, A-781-96 and A-783-96), counsel for the respondent did not think it was appropriate to make any submissions to the Court. Accordingly, the application for judicial review will be allowed, the umpire"s decision will be set aside, and the matter will be referred back to the chief umpire or to an umpire he appoints for redetermination on the presumption that the Commission"s decision was consistent with the requirements of section 43 of the Act.
| Alice Desjardins |
| J.A. |
Certified true translation
Christiane Delon
| Federal Court of Canada |
| File No. A-984-96 |
| BETWEEN |
| THE ATTORNEY GENERAL OF CANADA, |
| Applicant |
| AND: |
| CHRISTIANE PERRIER, |
| Respondent |
| REASONS FOR JUDGMENT |
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| FILE NO. A-984-96 |
| STYLE: ATTORNEY GENERAL OF CANADA, |
Applicant
| AND: |
| CHRISTIANE PERRIER, |
Respondent
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: June 9, 1997 |
REASONS FOR JUDGMENT OF THE COURT (DESJARDINS AND DÉCARY, JJ.A. AND CHEVALIER, D.J.)
READ FROM THE BENCH BY: Desjardins, J.A.
| DATED: June 9, 1997 |
APPEARANCES:
| Dominique Gagné for the applicant |
| William de Merchant for the respondent |
SOLICITORS OF RECORD:
George Thomson for the applicant
Deputy Attorney General
of Canada
| Ottawa, Ontario |
William de Merchant for the respondent
Campeau, Ouellet, Nadon,
Barabé, Cyr, Rainville,
de Merchant, Bernstein, Cousineau
Montréal, Quebec