Federal Court Decision #A-61-10 - ATTORNEY GENERAL OF CANADA v. BOOTON, HARVEY

JUDGMENT OF THE FEDERAL COURT OF APPEAL

Date:
20101118

Docket:
A-61-10

Citation:
2010 FCA 311

Umpire's Decision:
CUB 73843

CORAM :

BLAIS C.J.
NOËL J.A.
PELLETIER J.A.

BETWEEN :

ATTORNEY GENERAL OF CANADA,

applicant,

-and-

HARVEY BOOTON,

respondent.

Heard at Toronto, Ontario, on November 17, 2010.

REASONS FOR JUDGMENT
(Judgment delivered at Toronto Ontario
on November 18, 2010)

NOËL J.A.:

[1] The application for Judicial Review must be allowed. The Umpire failed to give effect to paragraph 35(1)(c) of the Employment Insurance Regulations which incorporates within the definition of "employment" the tenure of an office as defined in subsection 2(1) of the Canada Pension Plan, which in turn defines an "office" as meaning inter alia, "...the position of an individual entitling him to a fixed or ascertainable stipend or remuneration...". The Respondent comes squarely within this definition.

[2] I would therefore allow the application for judicial review, set aside the decision of the Umpire and remit the matter to the Chief Umpire or his designate so that it may be decided again on the basis that the Respondent occupied an employment.

"Marc Noël"
J.A.

"I agree.
Pierre Blais C.J."

"I agree.
J.D. Denis Pelletier J.A."