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Date: 20010302 Docket: A-704-99 Montréal, Quebec, Friday, March 2, 2001 Coram: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. Between: SONIA DURAND Plaintiff AND: THE ATTORNEY GENERAL OF CANADA Defendant JUDGMENT The application for judicial review is allowed, the decision of the umpire is quashed and the matter is referred back to the chief umpire or his delegate to be decided on the basis that the Commission's appeal should be dismissed. The whole without costs.
Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. Date: 20010302 Docket: A-704-99 Neutral reference: 2001 FCA 47 Coram: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. Between: SONIA DURAND Plaintiff AND: THE ATTORNEY GENERAL OF CANADA Defendant Hearing held at Montréal, Quebec on Friday, March 2, 2001 Judgment rendered at Montréal, Quebec on Friday, March 2, 2001 REASONS FOR JUDGMENT BY: NOËL J.A. Date: 20010302 Docket: A-704-99 Neutral reference: 2001 FCA 47 Coram: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. Between: SONIA DURAND Plaintiff AND: THE ATTORNEY GENERAL OF CANADA Defendant REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec on Friday, March 2, 2001) NOËL J.A. [1] We consider that the umpire was wrong to intervene. Clause 12.2.06 of the collective agreement provides: [TRANSLATION] . . . the [school] board shall cease to pay the isolated post . . . allowance mentioned herein if the teacher . . . voluntarily leaves the territory for . . . a paid absence of over 30 days, except for annual vacation, sick leave, maternity or adoption leave or leave for an industrial accident and occupational disease. [2] In the case at bar, the defendant conceded that the claimant voluntarily left the territory and under the collective agreement it was only on account of the fact that she was on maternity leave that the isolated post allowance was continued. Based on the facts at issue here, therefore, the allowance was paid on account of pregnancy within the meaning of section 38 of the Employment Insurance Regulations, SOR/96-332. [3] The application for judicial review will be allowed, the decision of the umpire quashed and the matter referred back to the chief umpire or his delegate to be decided on the basis that the Commission's appeal should be dismissed. Since the plaintiff did not apply for costs, none are awarded.
Québec, Quebec January 31, 2001 Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20010302 Docket: A-704-99 Between: SONIA DURAND Plaintiff AND THE ATTORNEY GENERAL OF CANADA Defendant REASONS FOR JUDGMENT FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD FILE: A-704-99 STYLE OF CAUSE: SONIA DURAND Plaintiff AND THE ATTORNEY GENERAL OF CANADA Defendant PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: March 2, 2001 REASONS FOR JUDGMENT: Noël J.A. DATED: March 2, 2001 APPEARANCES: Jean-Guy Ouellet FOR THE PLAINTIFF Carole Bureau FOR THE DEFENDANT SOLICITORS OF RECORD: Campeau, Ouellet FOR THE PLAINTIFF Montréal, Quebec Morris Rosenberg FOR THE DEFENDANT Deputy Attorney General of Canada Montréal, Quebec |
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