Federal Court Decision #A-183-83 - MOREAU, GUY v. COMMISSION, WALSH

JUDGMENT OF THE FEDERAL COURT OF APPEAL

Date:
April 9, 1984

Docket:
A-183-83

Umpire's Decision:
CUB 7857

"TRANSLATION"

CORAM :

PRATTE
LE DAIN
HUGESSEN JJ

BETWEEN :

GUY MOREAU ET AL
(see appendix),

applicants,

-v-

UNEMPLOYMENT INSURANCE COMMISSION,

-and-

A. M. WALSH J,

Hearing held at Québec on Wednesday, February 15 1984.

CORRESPONDING FEDERAL COURT DECISION: A-182-83
CORRESPONDING FEDERAL COURT DECISION: A-1052-82

REASONS FOR JUDGMENT
(Judgment rendered at Ottawa on
Monday, April 9, 1984)

PRATTE J

Applicants are asking the Court to set aside the decision of an Umpire on an appeal pursuant to Part V of the Unemployment Insurance Act, 1971.

The arguments made by counsel for the applicants against the decision a quo all assume that s 44 (1) of the Unemployment Insurance Act, 1971 should be interpreted so that the disqualification it imposes comes to an end when the labour dispute by reason of which the claimant lost his employment ceases to be the real cause of his unemployment. This interpretation was rejected by the Court when it decided Imbeault et al v Unemployment Insurance Commission (A-181-83): it has to be rejected here for the same reasons.

Accordingly, I would dismiss the application by applicants.

Louis Pratte
JFCC

I concur.

Gerald Le Dain J.

I concur.

James K. Hugessen J.