Federal Court Decision #A-440-83 - THE ATTORNEY GENERAL OF CANADA v. RICHARD, ST-LAURENT

JUDGMENT OF THE FEDERAL COURT OF APPEAL

Date:
January 17, 1984

Docket:
A-440-83

Umpire's Decision:
CUB 8225

"TRANSLATION"

CORAM:

THE HON. MR. JUSTICE PRATTE
THE HON. MR. JUSTICE RYAN
THE HON. MR. JUSTICE HUGESSEN

BETWEEN:

ATTORNEY GENERAL OF CANADA,

applicant,

- and -

RICHARD ST-LAURENT,

respondent.

REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montreal,
on Tuesday, January 17, 1984.)

THE HONOURABLE JUSTICE PRATTE:

It will not be necessary to hear you, Mr. St-Laurent.

The Umpire allowed the appeal at bar for reasons which appear to be questionable. He substituted his opinion for that of the board on a simple question of fact. In spite of this, however, his decision must be upheld on another ground. The board had ruled that respondent was dismissed as the result of a simple misunderstanding with his employer, without there being any ill will on either side. In these circumstances the board could not, without committing an error of law, find that respondent was dismissed because of his own misconduct. The Umpire therefore properly set aside the board's decision.

The application made under section 28 of the Federal Court Act will be dismissed.

"Louis Pratte"

J.F.C.C.