Federal Court Decision #A-289-03 - BOURGEOIS, YVAN v. THE ATTORNEY GENERAL OF CANADA

JUDGMENT OF THE FEDERAL COURT OF APPEAL

Date:
20040318

Docket:
A-289-03

Citation:
2004 FCA 117

Umpire's Decision:
CUB 57135

"TRANSLATION"

CORAM :

RICHARD C.J.
NOËL J.A.
PELLETIER J.A.

BETWEEN :

YVAN BOURGEOIS,

applicant,

- and -

THE ATTORNEY GENERAL OF CANADA,

respondent.

Hearing held at Montréal, Quebec, on March 18, 2004.

REASONS FOR JUDGMENT BY THE COURT
(Delivered from the bench at Montréal,
Quebec, on March 18, 2004)

NOËL J.A.:

[1] It was incumbent upon the applicant to establish that all or part of the sums received as a result of his dismissal amounted to something other than earnings within the meaning of the Act (Attorney General of Canada v. Mary Radigan), [2001] 267 N.R. 129 (FCA).

[2] Both the Umpire and the Board of Referees, held that the applicant was unable to discharge this burden. In our opinion, the evidence supported this finding.

[3] The application for judicial review will be dismissed with costs.

"Marc Noël"
J.A.