Federal Court Decision #A-570-00 - CASEY, GERALD, R. v. COMMISSION, DEPUTY ATTORNEY GENERAL OF CANADA

JUDGMENT OF THE FEDERAL COURT OF APPEAL

Date:
20011205

Docket:
A-570-00

Neutral citation:
2001 FCA 375

Umpire's Decision:
CUB 49018

CORAM:

STRAYER, J. A.
SHARLOW, J. A.
MALONE, J. A.

BETWEEN:

GERALD R. CASEY,

applicant,

- and -

CANADA EMPLOYMENT INSURANCE COMMISSION,
AND DEPUTY ATTORNEY GENERAL OF CANADA,

respondents.

Heard at Fredericton, New Brunswick, on December 5, 2001.

REASONS FOR JUDGMENT
(Delivered from the Bench at Fredericton, New Brunswick,
on December 5, 2001)

MALONE J. A.:

[1] We are satisfied that Umpire Gobeil ("the Umpire") did not err in overturning the brief decision of the Board of Referees ("the Board") dated November 22, 1999 and substituting his own conclusion. We can find no basis that would permit this Court to intervene. (Boucher v. Canada (Attorney General ) 1996 F. C. J. No. 1378 (FCA)).

[2] There was evidence before the Board relating to Mr. Casey’s course of conduct from which the wilfulness of his admitted misconduct could reasonably be inferred. We recognize that in a previous decision a different Umpire said the opposite, but in our view he was simply wrong on that point.

[3] The Board in this case had before it additional evidence in the form of an expert report which was submitted as evidence that Mr. Casey’s misconduct was not wilful. However, as a matter of ordinary logic, that report was not capable of supporting the conclusion that his conduct was not wilful . The report provided general information about effect of alcohol addiction but expressed no firm opinion about Mr. Casey himself. In these circumstances the Umpire was correct to conclude that the Board based its decision on an erroneous finding of fact that it made in a perverse or capricious manner and without regard to the material before it.

[4] The application will be dismissed with costs.

" B Malone "

J. A.