Federal Court Decision #A-112-00 - LECLERC, RENALD v. COMMISSION

JUDGMENT OF THE FEDERAL COURT OF APPEAL

Date:
20020226

Docket:
A-112-00

Neutral citation:
2002 FCA 73

Umpire's Decision:
CUB 47187

"TRANSLATION"

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 Quebec G3G 1E6,

plaintiff,

- and -

CANADA EMPLOYMENT INSURANCE COMMISSION,
Having an office at 330 rue de la Gare du Palais,
C.P. 4700, Quebec, district of Quebec, G1K 9E4,

defendant.

Hearing held at Quebec, Quebec, on February 26, 2002.

REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Quebec, 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 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.

Marc Noël

J.A.