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Marquis c. Canada (Procureur général)

 

- Parties: The applicants included Mario Anctil, François Baribeault, Carl Bédard-Dulac, Olivier Bernier, Réal Bilodeau, Christian Binet, Régis Binet, Angelo Bisson, Benoît Bisson, and Cathy Bolduc. The respondent was the Attorney General of Canada.

- Subject Matter: The Social Security Tribunal’s Appeal Division reversed the General Division’s decision and found the applicants ineligible for employment insurance benefits during the vacation closure period of their employer’s construction under the exception in s. 11(3) of the Employment Insurance Act, 1996. The applicants sought judicial review of the Appeal Division’s decision.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the application without costs. The appeal court held that the Appeal Division’s intervention was reasonable and justified in light of the record and s. 58(1) of the Department of Employment and Social Development Act, 2005. The appeal court decided that the Appeal Division did not err in concluding that the General Division's interpretation of the exception in s. 11(3) of the Employment Insurance Act was erroneous since it failed to consider the entire English text of the provision and that the employees were not unemployed for the period from July 22 to Aug. 2, 2019 when the employer closed the business during the construction holidays.

- Date: The hearing was set on May 6, 2024. The court released its decision on May 7, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.

Mario Anctil, Francois Baribeault, Carl Bedard-dulac, Olivier Bernier, Réal Bilodeau, Christian Binet, Christian Binet, Régis Binet, Angelo Bisson, Benoit Bisson, Cathy Bolduc, Mario Boucher, Nanie Bougie, Sonny Bougie, Richard Boulet, et al
Law Firm / Organization
Teamsters
Lawyer(s)

Martin Savoie

Procureur General Canada
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Suzette Bernard

Federal Court of Appeal
A-121-23
Labour & Employment Law
Not specified/Unspecified
Respondent
02 May 2023