Federal Court Decision #A-307-06 - MASSE, NANCY v. ATTORNEY GENERAL OF CANADA, Commission

JUDGMENT OF THE FEDERAL COURT OF APPEAL

Date:
20070222

Docket:
A-307-06

Citation:
2007 FCA 82

Umpire's Decision:
CUB 65896

"TRANSLATION"

CORAM :

DESJARDINS J.A.
DÉCARY J.A.
NADON J.A.

BETWEEN :

NANCY MASSÉ,

applicant,

- and -

ATTORNEY GENERAL OF CANADA,
(Employment Insurance Commission)

respondent.

Hearing held at Montréal, Quebec, on February 22, 2007.

REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec,
on February 22, 2007)

NADON J.A.:

[1] Taking into account the evidence in the record, and considering that the applicant had the burden of convincing us that the Umpire had erred in setting aside the decision of the Board of Referees and in finding that there had not been an interruption of earnings lasting for at least seven consecutive days before the start of the benefit period, we are of the opinion that our intervention is not warranted in this case.

[2] For these reasons, the application for judicial review will be dismissed with costs.

"M. Nadon"
Judge