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Date: 19980220 Docket: A-297-97 CORAM: THE CHIEF JUSTICE LINDEN, J.A. McDONALD, J.A. BETWEEN: GLENMOORE MCDONALD Applicant - and - ATTORNEY GENERAL OF CANADA Respondent Heard at Toronto, Ontario, Friday, February 20th, 1998 Judgment delivered from the Bench at Toronto, Ontario, Friday, Friday 20, 1998 REASONS FOR JUDGMENT BY: LINDEN, J.A. Date: 19980220 Docket: A-297-97 CORAM: THE CHIEF JUSTICE LINDEN, J.A. McDONALD, J.A. BETWEEN: GLENMOORE MCDONALD Applicant - and - ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT (Delivered orally from the Bench in Toronto, Ontario on Friday, February 20, 1998) LINDEN, J.A.: [1] We are of the view that this matter must be sent back to the Board of Referees for a rehearing on an issue that was not raised before the Umpire. The Board asked itself the wrong question, that is, whether the claimant voluntarily left his employment. It is clear from all of the evidence that the issue the Board should have addressed was whether there was misconduct established. [2] Further, the Board made inconsistent and inaccurate findings. For example, it found that he "inadvertently mildly assaulted" the manager, when such an assault is clearly unknown to the law. The Board indicated wrongly that he was contesting the dismissal to the Labour Board, when it was in fact it was appealed to the Workers' Compensation Board. These are serious errors, indicating a misapprehension of the issues. [3] It is imperative for Boards of Referees to address the issues actually presented to them carefully and to explain their findings in coherent and consistent reasoning. Anything less is unacceptable. [4] The application will be allowed, the decision of the Umpire will be set aside, the matter sent back to the Chief Umpire (or his designate) to be referred back to a differently constituted Board of Referees for rehearing in accordance with these reasons. "A.M. Linden" J.A. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-297-97
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DATE OF HEARING: FEBRUARY 20, 1998 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT BY: LINDEN, J.A. Delivered from the Bench at Toronto, Ontario on Friday, February 20, 1998 APPEARANCES: Mr. Ernest Guiste
For the Applicant Mr. Robert Jaworski For the Respondent SOLICITORS OF RECORD: Ernest Guiste & Associates Barristers and Solicitors 120 Carlton Street Suite 313 Toronto, Ontario M5A 4K2
For the Applicant
George Thomson Deputy Attorney General of Canada For the Respondent
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