Gauthier v. Canada Employment and Immigration Commission and Canada (Attorney General), (1986) 8 F.T.R. 162 (TD)

• Judge: Pinard, J.
• Court: Federal Court (Canada)
• Case Date: January 20, 1986
• Jurisdiction: Canada (Federal)
• Citations: (1986), 8 F.T.R. 162 (TD)

Gauthier v. CEIC (1986), 8 F.T.R. 162 (TD)

MLB headnote and full text

Gauthier v. Canada Employment and Immigration Commission and Attorney General of Canada

(No. T-2064-85)

Indexed As: Gauthier v. Canada Employment and Immigration Commission and Canada (Attorney General)

Federal Court of Canada

Trial Division

Pinard, J.

January 24, 1986.

Summary:

The Canada Employment and Immigration Commission determined that Gauthier was not entitled to certain benefits under the Unemployment Insurance Act. The Federal Court of Canada, Trial Division, set aside the decision and ordered that the benefits be paid to Gauthier. The Commission appealed. The Attorney General applied to stay execution of the order pending the hearing of the appeal.

The Federal Court of Canada, Trial Division, dismissed the application.

Practice - Topic 8952

Appeals - Stay of proceedings pending appeal - When appellant entitled to stay - The Federal Court of Canada, Trial Division, ordered that Gauthier be paid certain benefits under the Unemployment Insurance Act - The Canada Employment and Immigration Commission appealed and the Attorney General applied to stay execution of the order pending the hearing of the appeal - The Federal Court of Canada, Trial Division, dismissed the application - The court held that contrary to the Attorney General's submission, failure to grant the stay would not render the appeal nugatory, because if the Commission was successful it would be entitled to enforce repayment of the $314.00 in benefits paid - The court stated that there would be no irreparable loss if the stay were not granted.

Unemployment Insurance - Topic 1804

Claims - Appeals - Stay of execution - [see Practice - Topic 8952 above].

Cases Noticed:

Talsky v. Talsky, 39 D.L.R.(3d) 516 (Ont. C.A.), refd to. [para. 7].

Battle Creek Toasted Corn Flake Co. Ltd. v. Kellog Toasted Corn Flake Co. (1923), 55 O.L.R. 127, refd to. [para. 7].

New Brunswick Electric Power Commission and Maritime Electric Company Limited v. National Energy Board (1985), 60 N.R. 203 (F.C.A.), refd to. [para. 8].

Statutes Noticed:

Unemployment Insurance Act, S.C. 1970-71-72, c. 48, sect. 103 [para. 4].

Federal Court Rules, rule 1909 [para. 9].

Counsel:

Georges Campeau, for the applicant;

Johanne Lavasseur, for the appellant.

Solicitors of Record:

Campeau, Cousineau & Ouellet, Montreal, Quebec, for the applicant;

F. Iacobucci, Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This application was heard on January 20, 1986, at Montréal, Quebec, before Pinard, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on January 24, 1986.