Federal Court Decision #A-705-96 - THE ATTORNEY GENERAL OF CANADA v. MELANSON, LORIE

JUDGMENT OF THE FEDERAL COURT OF APPEAL

Date:
May 7, 1997

Docket:
A-705-96

Umpire's Decision:
CUB 34484

CORAM :

THE CHIEF JUSTICE
STONE J.A.
McDONALD J.A.

IN THE MATTER OF AN Application under Section 28 of the Federal Court Act

AND IN THE MATTER of a Decision of the Tax Court of Canada made pursuant to the provisions of the Unemployment Insurance Act

BETWEEN :

THE ATTORNEY GENERAL OF CANADA,

applicant,

-and-

LORIE MELANSON,

respondent.

Heard at Halifax, Nova Scotia, on Tuesday, May 6, 1997.

CORRESPONDING CUB: 34484A

REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench, at Halifax, Nova Scotia,
on Wednesday, May 7, 1997)

STONE J.A.:

The applicant seeks the review and setting aside of a decision of an Umpire who decided to reduce the amount of penalty imposed upon the respondent pursuant to subsection 33(1) of the Unemployment Insurance Act on the ground that it was too severe. The circumstances out of which the penalty was levied are those which were present in The Attorney General of Canada v. Stark (Court File No. A-701-96, judgment rendered May 7, 1997).

This section 28 application will be disposed of in the same manner as was the application in Stark, supra, and for the reasons given in that matter a copy of which shall be appended hereto.

"A.J. STONE"
J.A.