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Federal Court of Appeal

 

Cour d’appel fédérale

 

 

Date: 20100921

Dockets: A-193-09

A-189-09

A-190-09

A-191-09

A-194-09

A-195-09

Citation: 2010 FCA 237

 

CORAM:       NOËL J.A.

                        PELLETIER J.A.

                        TRUDEL J.A.

Docket: A-193-09

BETWEEN:

ATTORNEY GENERAL OF CANADA

Applicant

and

PHILIPPE GAGNÉ

Respondent

 

Docket: A-189-09

BETWEEN:

ATTORNEY GENERAL OF CANADA

Applicant

and

STEEVE CASTONGUAY

Respondent

 

 

Docket: A-190-09

BETWEEN:

ATTORNEY GENERAL OF CANADA

Applicant

and

DAVID DROUIN

Respondent

 

Docket: A-191-09

BETWEEN:

ATTORNEY GENERAL OF CANADA

Applicant

and

SAMUEL GIRARD

Respondent

 

 

Docket: A-194-09

BETWEEN:

ATTORNEY GENERAL OF CANADA

Applicant

and

YAN TREMBLAY

Respondent

 

 

 

Docket: A-195-09

BETWEEN:

ATTORNEY GENERAL OF CANADA

Applicant

and

RICHARD GUILLEMETTE

Respondent

 

 

 

 

Hearing held at Québec, Quebec, on September 21, 2010.

Judgment delivered from the Bench at Québec, Quebec, on September 21, 2010.

 

 

 

REASONS OF JUDGMENT OF THE COURT BY:                                           NOËL J.A.

 


Federal Court of Appeal

 

Cour d’appel fédérale

 

Date: 20100921

Dockets: A-193-09

A-189-09

A-190-09

A-191-09

A-194-09

A-195-09

Citation: 2010 FCA 237

 

CORAM:       NOËL J.A.

                        PELLETIER J.A.

                        TRUDEL J.A.

 

Docket: A-193-09

BETWEEN:

ATTORNEY GENERAL OF CANADA

Applicant

and

PHILIPPE GAGNÉ

Respondent

 

Docket: A-189-09

BETWEEN:

ATTORNEY GENERAL OF CANADA

Applicant

and

STEEVE CASTONGUAY

Respondent

 

Docket: A-190-09

BETWEEN:

ATTORNEY GENERAL OF CANADA

Applicant

and

DAVID DROUIN

Respondent

 

Docket: A-191-09

BETWEEN:

ATTORNEY GENERAL OF CANADA

Applicant

and

SAMUEL GIRARD

Respondent

 

 

Docket: A-194-09

BETWEEN:

ATTORNEY GENERAL OF CANADA

Applicant

and

YAN TREMBLAY

Respondent

 

 

Docket: A-195-09

BETWEEN:

ATTORNEY GENERAL OF CANADA

Applicant

and

RICHARD GUILLEMETTE

Respondent

 

 

 

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Québec, Quebec, on September 21, 2010)

NOËL J.A.

 

[1]               In accordance with an order made by this Court on July 30, 2009, the reasons below in Philippe Gagné’s file (A‑193‑09) apply mutatis mutandis and dispose of the five other files. A copy will therefore be placed in each of the other files to stand as reasons in those cases.

 

[2]               The Board of Referees determined first that Philippe Gagné had not lost his employment because of his own misconduct. The Umpire refused to interfere in that decision for the following reason:

. . . [T]he Board reviewed the evidence and concluded that the claimants involved could not suspect that their behaviour would jeopardize their employment, given that this behaviour had long been tolerated, even by the supervisors, and that these actions had been committed in plain sight and with the knowledge of the supervisors without penalty, at least as far as the claimants knew. The Board could therefore conclude based on this evidence that the claimants’ actions did not constitute misconduct within the meaning of the Employment Insurance Act. (Reasons, page 5)

 

[3]               There is no error in that statement as regards the applicable principle in matters of misconduct. The only question which arises is whether the Umpire could make this finding based on the evidence, and it is this Court’s opinion that he could.

 

[4]               The application for judicial review will therefore be dismissed with costs in file A‑193‑09 only.

 

 

 

Marc Noël

J.A.

 

 

 

Certified true translation

Tu-Quynh Trinh

 


FEDERAL COURT OF APPEAL

 

NAMES OF COUNSEL AND SOLICITORS OF RECORD

 

 

 

DOCKETS:                A-193-09, A-189-09, A-190-09, A-191-09, A-194-09 and A-195-09

 

 

 

STYLE OF CAUSE:                                                              Attorney General of Canada v. Philippe Gagné, Steeve Castonguay, David Drouin, Samuel Girard, Yan Tremblay, Richard Guillemette

 

 

PLACE OF HEARING:                                                        Québec, Quebec

 

DATE OF HEARING:                                                          September 21, 2010

 

 

REASONS FOR JUDGMENT OF THE COURT BY:       NOËL J.A.

                                                                                                PELLETIER J.A.

                                                                                                TRUDEL J.A.

 

DELIVERED FROM THE BENCH BY:                            NOËL J.A.

 

 

APPEARANCES:

 

Antoine Lippé

 

FOR THE APPLICANT

 

Jean Mailloux

 

FOR THE RESPONDENTS

 

 

SOLICITORS OF RECORD:

 

Myles J. Kirvan

Deputy Attorney General of Canada

Montréal, Quebec

 

FOR THE APPLICANT

 

Pépin et Roy

Québec, Quebec

FOR THE RESPONDENTS

 

 

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