Federal Court Decision #A-672-93 - THE ATTORNEY GENERAL OF CANADA v. ANDREA, MACDONALD

JUDGMENT OF THE FEDERAL COURT OF APPEAL

Date:
May 31, 1994

Docket:
A-672-93

Umpire's Decision:
CUB 23283

CORAM:

THE HONOURABLE THE CHIEF JUSTICE
THE HONOURABLE MR. JUSTICE PRATTE
THE HONOURABLE MR. JUSTICE HEALD

BETWEEN:

ATTORNEY GENERAL OF CANADA,

applicant,

- and -

ANDREA MACDONALD,

respondent.

Heard at Halifax, Nova Scotia on Monday, May 30, 1994

REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Halifax, Nova Scotia
on Tuesday May 31, 1994.)

THE CHIEF JUSTICE:

In this Section 28 application, the applicant seeks the review and setting aside of the decision of an Umpire who dismissed an appeal by the Canada Employment and Immigration Commission ("the Commission") from a unanimous decision of a Board of Referees ("the Board") under the Unemployment Insurance Act ("the Act").

The Board had reversed the determination by the Commission that, upon an application for benefits under the Act, the respondent had not proved that she was available for work within the meaning of Section 14(a) of the Act for the reasons, first, that she was attending classes at a university and, so it was said, was therefore unable to look for and accept suitable employment and, secondly, that she was only willing to accept work from C.N. Rail with which she had been employed for some time, although, at the material times, the employment was intermittent.

The applicant contended before us that the decision of the Umpire should be set aside because he made two errors, first, because he erred in law and, secondly, because he based his decision on an erroneous finding of fact made perversely or capriciously or without regard to the evidence.

We are all of the view that the application cannot succeed. Despite the helpful argument of Mr. Russell, for the applicant, we are unable to find legal error either in the Umpire's reasons or in his conclusion. Furthermore, we are all of the view that the critical findings of fact which the Umpire made were supported by the evidence before him.

We will therefore dismiss the Section 28 application.

"Julius A. Isaac"

J.C