Federal Court Decision #A-152-96 - THE ATTORNEY GENERAL OF CANADA v. MACDONALD, J., LAURIE

JUDGMENT OF THE FEDERAL COURT OF APPEAL

Date:
19970423

Docket:
A-152-96

Umpire's Decision:
CUB 31946

CORAM :

STRAYER, J.A.
MacGUIGAN, J.A.
McDONALD, J.A.

BETWEEN :

THE ATTORNEY GENERAL OF CANADA,

applicant,

-and-

LAURIE J. MACDONALD,

respondent.

Hearing held at Vancouver (B. C.), on Wednesday, April 23, 1997.

REASONS FOR JUDGMENT
(Delivered from the Bench at Vancouver, BC,
on Wednesday, April 23, 1997)

STRAYER, J.A.:

We are all of the view that the learned Umpire was correct in finding that the Board of Referees erred in law in not considering whether the misconduct it found was the real cause of the claimant's dismissal from employment. The Umpire's discussion of the facts may be taken as a suggestion of some relevant matters on which a new Board may have to make findings upon the reference to it of this case.

(Sgd.) "B.L. Strayer"
Judge