BETWEEN:
and
Hearing held at Québec, Quebec, on January 25, 2006.
Judgment delivered at Ottawa, Ontario, on February 2, 2006.
REASONS FOR JUDGMENT OF THE COURT: LÉTOURNEAU J.A.
CONCURRED IN BY: NOËL J.A.
NADON J.A.
Date: 20060202
Docket: A-379-05
Citation: 2006 FCA 43
CORAM: LÉTOURNEAU J.A.
NOËL J.A.
NADON J.A.
BETWEEN:
MARTHE THIBAULT
Applicant
and
ATTORNEY GENERAL FOR CANADA
Respondent
REASONS FOR JUDGMENT
[1] On the basis of the evidence on record, I am satisfied that the lump-sum paid to the applicant by her employer was paid on account of a pension within the meaning of paragraph 35(2)(e) of the Employment Insurance Regulations, SOR/96-332.
[2] Accordingly, the application for judicial review will be allowed without costs, the decision by the Umpire will be quashed, and the matter returned to the Chief Umpire or his designate for redetermination, taking into account that the appeal by the Commission of the decision of the Board of Referees must be dismissed.
[3] I would award the applicant her disbursements, which I would assess at $300.
“I concur.
Marc Noël J.A.”
“I concur.
M. Nadon J.A.”
Certified true translation
Michael Palles
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-379-05
STYLE OF CAUSE: MARTHE THIBAULT v. ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Québec, Quebec
DATE OF HEARING: January 25, 2006
REASONS FOR JUDGMENT BY: Létourneau J.A.
Nadon J.A.
APPEARANCES:
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REPRESENTING HERSELF
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Deputy Attorney General of Canada Montréal, Quebec |
FOR THE RESPONDENT |