Federal Court Decision #A-853-91 - ERNST, DOMINIQUE v. COMMISSION, THE DEPUTY ATTORNEY GENERAL OF CANADA

JUDGMENT OF THE FEDERAL COURT OF APPEAL

Date:
February 2, 1993

Docket:
A-853-91

Umpire's Decision:
CUB 20207

"TRANSLATION"

CORAM:

THE HONOURABLE MR. JUSTICE HUGESSEN
THE HONOURABLE MR. JUSTICE DESJARDINS
THE HONOURABLE MR. JUSTICE DÉCARY

BETWEEN:

ERNST DOMINIQUE,

applicant,

v.

EMPLOYMENT AND IMMIGRATION COMMISSION,

respondent,

and

DEPUTY ATTORNEY GENERAL OF CANADA,

Mis-en-cause.

REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montreal, Quebec
on Tuesday, February 2, 1993)

HUGESSEN, J.A.:

We are all of the opinion that the claimant suffered no detriment as a result of the fact that the notice of rejection issued by the Commission mentioned s. 43(1)(a) of the Regulations rather than s. 43(1)(b). ¹ It is clear form reading the record that at the hearing before the board of referees the claimant was fully aware of the facts the Commission cited to justify its refusal. In such circumstances, the umpire did not err in upholding the decision of the board of referees.

So far as the penalty imposed by the Commission is concerned, the board of referees found that the claimant had told it he worked throughout the period at issue and it concluded that his statements to the Commission were therefore, to his knowledge, false and misleading. Here again there is no basis for intervening in this conclusion.

The application for judicial review will therefore be dismissed.

"James K. Hugessen"

Judge

¹ Unemployment Insurance Regulations, s. 43(1):

43.(1) Subject to subsections (2) and (3), where a claimant is

a) self-employed or engaged in the operation of a business on his own account or in partnership or a co-adventure, or

(b) employed in any employment other than that described in paragraph (a) in which he controls his working hours,