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EMPLOYMENT INSURANCE

Bouchard v. Canada (Attorney General)

A-425-01

2003 FCA 27, Létourneau J.A.

21/1/03

7 pp.

Judicial review to quash decision of Tax Court of Canada (T.C.C.) Judge and rule employment held by plaintiff insurable--Periods at issue covered by Unemployment Insurance Act (the Act) and new Employment Insurance Act (the Act)--Whether T.C.C. judge failed to give reasons for his decision as required by Act (relevant provisions same in both Acts)--Conclusion plaintiff employee of Les Entreprises Hervey Bouchard Inc. not supported by reasons whereas point disputed by plaintiff, documentary and oral evidence contradictory and gave rise to differing interpretations by parties--Court neither considering nor ruling on duty to provide reasons imposed by Act in matters of employment insurability--Did not refer to Act's peremptory provisions and this Court's consistent line of authority on point--For these reasons, application for judicial review allowed-- Unemploy-ment Insurance Act, R.S.C., 1985, c. U-1-- Employment Insurance Act, S.C. 1996, c. 23.

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