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
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)
RICHARD C.J.
[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.
"J.
Richard"
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.
DATED: FEBRUARY
14, 2007
APPEARANCES:
Sandra L.
Doucette
|
FOR THE APPLICANT
|
No one
appearing
|
FOR THE RESPONDENT
|
SOLICITORS
OF RECORD:
John H. Sims,
Q.C.
Deputy
Attorney General of Canada
|
FOR THE APPLICANT
|