BETWEEN:
and
Heard at Halifax, Nova Scotia, on February 14, 2007.
Judgment delivered from the Bench at Halifax, Nova Scotia, on February 14, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.
Date: 20070214
Docket: A-58-06
Citation: 2007 FCA 69
CORAM: RICHARD C.J.
SHARLOW J.A.
RYER J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
GRANT HICKEY
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Halifax, Nova Scotia, on February 14, 2007)
[1] This is an application for an order to set aside the decision of the Honourable R.C. Stevenson, dated December 20, 2005 (CUB 65103), which he rendered in his capacity as an Umpire appointed under the Employment Insurance Act, S.C. 1996, c. 23 and as amended. In his decision, the Umpire did not allow an appeal by the Applicant from a decision of the Board of Referees, dated November 30, 2004.
[2] On the basis of the record before us which counsel for the applicant has herself described as problematic and in the absence of a collective agreement or other evidence that is capable of establishing that Mr. Hickey was entitled to a period of leave after he left the ship and given the finding of the Umpire that the casual employment of Mr. Hickey was terminated when he left the ship and did not continue thereafter we must dismiss this application for judicial review.
[3] Accordingly, the application for judicial review will be dismissed without costs as the respondent did not file a notice of appearance.
FEDERAL COURT OF APPEAL
NAME OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-58-06
STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA
- and -
GRANT HICKEY
PLACE OF HEARING: HALIFAX, NOVA SCOTIA
DATE OF HEARING: FEBRUARY 14, 2007
REASONS FOR JUDGMENT: RICHARD C.J.
APPEARANCES:
|
Sandra L. Doucette
|
|
|
No one appearing
|
SOLICITORS OF RECORD:
|
John H. Sims, Q.C. Deputy Attorney General of Canada |