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Date: 20020226 Docket: A-112-00 Québec, Quebec, February 26, 2002 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. BETWEEN: RENALD LECLERC, domiciled and residing at 465 rue des Prés, Lac St-Charles, district of Québec G3G 1E6 Plaintiff and CANADA EMPLOYMENT INSURANCE COMMISSION, having an office at 330 rue de la Gare du Palais, C.P. 4700, Québec, district of Québec G1K 9E4 Defendant JUDGMENT The application for judicial review is allowed with costs. The decision of the umpire is quashed and the matter is referred back to the chief umpire or a person designated by him to be again decided on the assumption that the appeal brought by the Commission from the board of referees' decision should be allowed and the matter referred back to a board of referees to be again decided applying the relevant provisions of the Act.
Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. Date: 20020226 Docket: A-112-00 Neutral citation: 2002 FCA 73 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. BETWEEN: RENALD LECLERC, domiciled and residing at 465 rue des Prés, Lac St-Charles, district of Québec G3G 1E6 Plaintiff and CANADA EMPLOYMENT INSURANCE COMMISSION, having an office at 330 rue de la Gare du Palais, C.P. 4700, Québec, district of Québec G1K 9E4 Defendant Hearing held at Québec, Quebec on February 26, 2002. Judgment from the bench at Québec, Quebec on February 26, 2002. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. CONCURRED IN BY: DESJARDINS J.A. DÉCARY J.A. Date: 20020226 Docket: A-112-00 Neutral citation: 2002 FCA 73 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. BETWEEN: RENALD LECLERC, domiciled and residing at 465 rue des Prés, Lac St-Charles, district of Québec G3G 1E6 Plaintiff and CANADA EMPLOYMENT INSURANCE COMMISSION, having an office at 330 rue de la Gare du Palais, C.P. 4700, Québec, district of Québec G1K 9E4 Defendant REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Québec, Quebec on February 26, 2002) NOËL J.A. [1] The umpire correctly found that the board of referees could not refuse to apply the Act on grounds of equity. At the same time, the claimant was entitled to be heard on the question of calculating the overpayment and the periods in question under the Act. [2] The application for judicial review will be allowed with costs, the umpire's decision quashed and the matter referred back to the chief umpire or a person designated by him to be again decided on the assumption that the appeal brought by the Commission from the board of referees' decision should be allowed and the matter referred back to a board of referees to be again decided applying the relevant provisions of the Act.
Certified true translation Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE No.: A-112-00 STYLE OF CAUSE: RENALD LECLERC, domiciled and residing at 465 rue des Prés, Lac St-Charles, district of Québec G3G 1E6 Plaintiff and CANADA EMPLOYMENT INSURANCE COMMISSION, having an office at 330 rue de la Gare du Palais, C.P. 4700, Québec, district of Québec G1K 9E4 Defendant PLACE OF HEARING: Québec, Quebec DATE OF HEARING: February 26, 2002 REASONS FOR JUDGMENT OF THE COURT BY: Noël J.A. CONCURRED IN BY: Desjardins J.A. Décary J.A. DATED: February 26, 2002 APPEARANCES: Stéphane Rochette for the plaintiff Carl Leclerc Paul Deschênes for the defendant SOLICITORS OF RECORD: TREMBLAY, BOIS, MIGNAULT, LEMAY for the plaintiff Ste-Foy, Quebec BINET, LECLERC, LAJOIE for the plaintiff Beauport, Quebec DEPARTMENT OF JUSTICE for the defendant Montréal, Quebec |
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