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A-138-96 CORAM: DENAULT, J.A. LINDEN, J.A. ROBERTSON, J.A. Between: MARIA ELSIE FALCONAR Plaintiff - and - HER MAJESTY THE QUEEN Defendant Heard at Vancouver, BC on September 5, 1997 Reasons delivered from the Bench at Vancouver, BC on September 5, 1997 REASONS FOR JUDGMENT: DENAULT, J.A. A-138-96 CORAM: THE HONOURABLE MR. JUSTICE DENAULT THE HONOURABLE MR. JUSTICE LINDEN THE HONOURABLE MR. JUSTICE ROBERTSON Between: MARIA ELSIE FALCONAR Plaintiff - and - HER MAJESTY THE QUEEN Defendant REASONS FOR JUDGMENT (Delivered from the Bench at Vancouver, B.C. on September 5, 1997) DENAULT, J.A. In the present case, we are all of the view that the Umpire improperly substituted his opinion for that of the Board of Referees without identifying any error of law or erroneous finding of fact made in a perverse or capricious manner. The Umpire should have followed the test established by this Court in Roberts1 and in McCarthy2. The Umpire thereby committed an error of law. His decision must be set aside and the matter referred back to the Chief Umpire or his designate for reconsideration on the basis that the Board of Referees had evidence before it upon which it could decide as it did. (Sgd.) "Pierre Denault" J.A. September 5, 1997 Vancouver, British Columbia NAMES OF COUNSEL AND SOLICITORS OF RECORD STYLE OF CAUSE: MARID ELSIE FALCONAR - and - HER MAJESTY THE QUEEN COURT NO.: A-138-96 PLACE OF HEARING: Vancouver, BC DATE OF HEARING: September 5, 1997 REASONS FOR JUDGMENT OF THE COURT BY: DENAULT, J.A. CONCURRED IN BY: LINDEN, J.A. ROBERTSON, J.A. DATED: September 5, 1997 APPEARANCES: Ms. Carol Rosset for Plaintiff Ms. Brenda Carbonell for Defendant SOLICITORS OF RECORD: Legal Services Society of B.C. for Plaintiff Vancouver, BC George Thomson for Defendant Deputy Attorney General of Canada __________________ 1 Roberts et al. v. Canada Employment and Immigration Commission (1985), 60 N.R. 349 2 Canada (A.G.) v. McCarthy (1994), 174 N.R. 28 |
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