CUB 21875
JUDGMENT OF THE FEDERAL COURT OF APPEAL
Date:
March 3, 1994
Docket:
A-1467-92
Umpire's Decision:
CUB 21875
"TRANSLATION"
CORAM :
PRATTE J.A.
HUGESSEN J.A.
LÉTOURNEAU J.A.
BETWEEN :
PATRICE FILLION,
applicant,
-and-
CANADA EMPLOYMENT AND IMMIGRATION COMMISSION,
respondent,
-and-
ATTORNEY GENERAL OF CANADA
mis en cause.
Hearing held at Québec, Québec, on Thursday, March 3, 1994.
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Québec, Québec,
on Thursday, March 3, 1994)
HUGESSEN, J.A.:
The Umpire allowed the Commission's appeals on the ground that [TRANSLATION] "the Board of referees made its decision without taking into account all the evidence before it". 1 account all the evidence before it In particular, he critized the Board of Referees for failing to take into account certain statements given by the claimants and their employer.
In the written argument submitted to the Umpire by the Commission itself, it admitted that the statements in question had been [TRANSLATION] "refuted" by the testimony given before the Board of Referees:
[TRANSLATION]
On the basis of the testimony given by the claimant, his representative and one of the co-owners of the farm at the hearing which, in short, refuted the written statements obtained earlier from the claimant and the co-owner of the farm, the Board of Referees unanimously allowed the claimant's appeal.
(Respondent's record, A-1467-92, page 72)
We are all of the opinion that in view of this admission the Umpire could not intervene. The Board of Referees may have been wrong in deciding as it did, but it certainly did not ignore the written statements when it decided to give more credence to the testimony it had heard.
The applications for judicial review will be allowed, the decisions of the Umpire will be set aside and the matters will be referred back to the Umpire to be decided again, assuming that the Board of Referees committed no error such as would permit him to intervene.
"James K. Hugessen"
J.A.