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600. Université de Montréal v. Cloutier [1988] R.J.Q. 511 (C.S.Q.); U.N.A. local 1 v. Calgary Gen. Hospital [1989] 63 D.L.R. (4th) 440 (Alta Q.B).
601. CUB 45820 (Blouin) Umpire Decision; CUB 23103 (Paul SKRLJ: right to dissent). Umpire Decision
602. R. v. Burns [1994] 1 S.C.R. 656 Judgement Of The Supreme Court Of Canada; R. v. Barrett, [1995] 1 S.C.R. 752 Judgement Of The Supreme Court Of Canada; MacDonald v. R. [1977] 2 S.C.R. 665.
603. Garant, vol. 2, at 308 et seq.; Y. Ouellette, at 426 et seq; Dagg v. Canada [1997] 2 S.C.R. 403, at 459; Supermarché Labrecque v. Flamand [1987] 2 S.C.R. 219, at 233; Les Arsenaux Canadiens Limitée v. Conseil canadien des relations de travail [1979] 2 F.C. 393 (F.C.A.); MacDonald; Northwestern Utilities Limited v. Edmonton [1979] 1 S.C.R. 684.
604. A-3-96 (Gagnon: ". . . the board . . . is short on reasons dealing with the credibility of the evidence") Judgement Of The Federal Court; CUB 34446 (Desruisseaux) Umpire Decision; CUB 19940 (Desrochers) Umpire Decision; A-521-77 (Bouchard) Judgement Of The Federal Court; A-402-96 (McKay-Eden) Judgement Of The Federal Court; A-1036-96 (Guay) Judgement Of The Federal Court; A-600-93 (McCarthy) Judgement Of The Federal Court; CUB 19795 (Cloutier) Umpire Decision; CUB 43152 (Diana). Umpire Decision
605. Northwestern Utilities v. Edmonton [1979] 1 S.C.R. 684 at 706; Boyle v. New Brunswick (1997), 39 Admin. L.R. (2d) 150 (N.B.C.A.); A-450-95 (Bell) Judgement Of The Federal Court; A-378-96 (Lalonde) Judgement Of The Federal Court; A-115-94 (Ash). Judgement Of The Federal Court
606. CUB 14486 (Lambert: A Board that merely wrote that its members had considered and unanimously accepted the Notice of Refusal neither complied with the letter nor the spirit of the statute) Umpire Decision; CUB 6868 (Beynon: "The Board discussed the case of . . . . Based on the facts presented the claimant . . ."). Umpire Decision
607. A-177-94 (Graveline: "In our view the Board of Referees either ignored or overlooked very clear and uncontradicted evidence from the . . . ") Judgement Of The Federal Court; A-521-77 (Bouchard: "[the board] omitted, on the other hand, to consider the evidence of the steps taken by applicant to find employment, or, at the very least, to state its findings as to whether these steps were sufficient.") Judgement Of The Federal Court; A-904-96 (Ménard: "dismissed without explanation an initial statement in which the claimant . . . ") Judgement Of The Federal Court; CUB 23053 (Babet). Umpire Decision
608. CUB 32454 (Gauthier) Umpire Decision; CUB 24189 (Budinsky: when a tribunal makes a negative credibility finding, it has an obligation to give at least a few examples of the inconsistencies or contradictions). Umpire Decision
609. CUB 10220 (Thuotte: [Unofficial Translation] "The Board [was] completely silent as to the origin of the disqualification, which is the claimant's refusal, without a valid reason, to accept suitable employment") Umpire Decision; A-355-96 (Rancourt): "The board's decision, which was extremely brief, was based solely on the claimant's testimony at the hearing and completely ignored the rest of the evidence in the file.") Judgement Of The Federal Court; A-3-96 (Gagnon) Judgement Of The Federal Court; A-521-77 (Bouchard) Judgement Of The Federal Court; A-1-81 (Matheodakis) Judgement Of The Federal Court; A-1036-96 (Guay: [Unofficial Translation] "the Board must indicate which factors the Commission took into account or should have taken into account in imposing the penalty.") Judgement Of The Federal Court; CUB 32877 (Windsor: "the facts which it relies on as the underpinnings for the decision it reaches. It should indicate which assertions of fact it accepts as reliable") Umpire Decision; CUB 15062 (Lavoie: [Unofficial Translation] " . . . the various elements that must be shown") Umpire Decision; CUB 22082 (Stasiuk: it is not sufficient to echo the determination of the Commission or state an opinion). Umpire Decision
610. A-897-90 (McDonald: "Hearings before the Board and Board decisions are intended to be an informal process for resolving the problems of ordinary people, and their reasons should not be read microscopically", p.13) Judgement Of The Federal Court; CUB 42710 (Koo: A Board is not required to set out, in its decision, all the evidence . . . ). Umpire Decision
611. A-321-97 (Parks). Judgement Of The Federal Court
612. A-225-94 (Summers: "[T]he Board of Referees properly considered the question of whether the Respondent's actions amounted to misconduct in law while ignoring the employer's subjective assessment . . . "). Judgement Of The Federal Court
613. A-1-81 (Matheodakis: "the Insurance Officer was justified to act as he did"). Judgement Of The Federal Court
614. Dome Petroleum v. Public Utilities Board (1977), 13 N.R. 299; aff'd [1977] 2 S.C.R. 822; CUB 24192 (Farhat: in language that they can comprehend) Umpire Decision; CUB 24965 (Pauzé: "impossible to know what opinion the Board formed of the conflicting evidence"). Umpire Decision
615. CUB 36544 (J. Hamilton: "The employer was justified in bridling at the insubordination, and had some justification for terminating because of misconduct. The Board feels that, however justified the employer was, he was harsh in not protecting his authority with a suspension or some other discipline."). Umpire Decision
616. A-168-97 (Cox) Judgement Of The Federal Court and CUB 31875A. Umpire Decision
617. A-1466-84 (Sharma) Judgement Of The Federal Court; A-521-77 (Bouchard) Judgement Of The Federal Court; A-595-84 (Roberts) Judgement Of The Federal Court; A-321-97 (Parks). Judgement Of The Federal Court
618. CUB 11697 (Proulx: on grounds that had nothing to do with the jurisdiction of the Board and were not part of the case before it). Umpire Decision
619. A-595-84 (Roberts). Judgement Of The Federal Court
620. CUB 11800 (Jolicoeur). Umpire Decision
621. A-463-90 (Severud). Judgement Of The Federal Court
622. A-109-92 (Pelletier). Judgement Of The Federal Court
623. A-369-88 (Bartone) Judgement Of The Federal Court; CUB 22053A (Roopnarine) Umpire Decision; CUB 23146 (Ormrod) Umpire Decision; A-109-92 (Pelletier: testimony in another case) Judgement Of The Federal Court; A-233-94 (Wile: out-of-court settlement of a grievance). Judgement Of The Federal Court
624. CUB 27484 (Food Group Inc.). Umpire Decision
625. A-185-94 (Chan). Judgement Of The Federal Court
626. A-734-85 (Teodorescu) Judgement Of The Federal Court; CUB 34213A (Gillingham). Umpire Decision
627. CUB 36673 (Middleton) Umpire Decision; CUB 6882A (Richard). Umpire Decision
628. A-185-94 (Chan) Judgement Of The Federal Court; A-728-97 (Dubois) Judgement Of The Federal Court; CUB 7723 (Penney: letter from employer received after hearing) Umpire Decision; CUB 7280 (Neron). Umpire Decision
629. A-463-90 (Severud, 31/1/91) Judgement Of The Federal Court; CUB 24011 (Chamberlain) Umpire Decision; CUB 26306 (Duvenaud). Umpire Decision
630. A-100-95 (Paul). Judgement Of The Federal Court
631. T-1238-98 (Gemby). Judgement Of The Federal Court
632. A-737-82 (Von Findenigg). Judgement Of The Federal Court
633. A-369-88 (Bartone) Judgement Of The Federal Court; CUB 10587 (Kshyk). Umpire Decision
634. CUB 20505 (Leblanc). Umpire Decision
635. CUB 19582 (McDonald). Umpire Decision
636. CUB 43105 (de Santis). Umpire Decision
637. See the study of that institution in Issalys, at 169 et seq.
638. A-819-95 (Furey). Judgement Of The Federal Court
639. A-357-81 (Ouellette) Judgement Of The Federal Court; A-20-82 (Cole) Judgement Of The Federal Court; A-600-93 (McCarthy) Judgement Of The Federal Court; A-1036-96 (Guay) Judgement Of The Federal Court; A-868-96 (Montreuil) Judgement Of The Federal Court; CUB 24945 (Penno) Umpire Decision; CUB 3282 (Scott). Umpire Decision
640. CUB 23623 (Henderson, 21/9/93) Umpire Decision; CUB 15316 (Fleming) Umpire Decision; CUB 34812 (Foster) Umpire Decision; CUB 33759 (Hannays). Umpire Decision
641. CUB 1823 (Dagleigh) Umpire Decision; CUB 38613 (Anderson, 6/8/97). Umpire Decision
642. There is ample case law on this point. For example, see: A-0075-81 (Métivier, 8/4/81) Judgement Of The Federal Court; A-429-83 (Coupal, 26/9/83) Judgement Of The Federal Court; A-440-83 (St-Laurent, 29/11/83) Judgement Of The Federal Court; A-582-93 (St-Amand, 4/7/94) Judgement Of The Federal Court; A-645-94 (John Murray, 8/5/95) Judgement Of The Federal Court; A-87-94 (Feere, 23/1/95) Judgement Of The Federal Court; A-480-94 (Freeman, 9/6/95) Judgement Of The Federal Court; A-732-95 (Fakhari, 6/5/96) Judgement Of The Federal Court; A-355-96 (L. Rancourt, 3/9/96) Judgement Of The Federal Court; A-943-96(Gendron, 8/10/97) Judgement Of The Federal Court; A-138-96 (Falconar, 5/9/97) Judgement Of The Federal Court; A-868-96 (Montreuil, 16/5/97). Judgement Of The Federal Court
643. Garant, vol. 2 at 526; A-121-99. Judgement Of The Federal Court
644. A-50-94 (Tremblay) Judgement Of The Federal Court; A-841-96 (Fox) Judgement Of The Federal Court; A-1716-83 (Bedell) Judgement Of The Federal Court; M.E.I. v. Carrozella [1983] 1 F.C. 909 (F.C.A.).
645. Schacter v. Canada (1992), 93 D.L.R (4th) 1 (S.C.C.); a remedy of this kind may also be sought before a provincial superior court: Goldstein v. Canada (M.E.I) (1988), 51 D.L.R (4th) 583 (O.H.C.); T-744-95 (Gonzalez: validity under the Judgement Of The Federal Court Canadian Human Rights Act). Canadian Human Rights Act
646. Garant, vol. 2, at 515; T-2094-92 (Newfoundland Hospital) Judgement Of The Federal Court; R. v. Robertson, [1972] F.C. 796.
647. T-1689-85 (Bacon) Judgement Of The Federal Court; Lemieux v. C.F.I.C. [1987] 2 F.C. 246; T-1766-89 (Houle) Judgement Of The Federal Court; T-2979-81 (Paidel) Judgement Of The Federal Court; T-1136-95 (St-Onge) Judgement Of The Federal Court; T-621-87 (Beauchemin: refusal to grant an extension). Judgement Of The Federal Court
648. Garant, vol. 2, at 634 et seq.; Granger v. CEIC, [1986] 3 F.C. 70, affirmed by [1989] 1 S.C.R. 141. Judgement Of The Federal Court
649. CEIC v. Dallialian [1980] 2 S.C.R. 582 (per Pigeon J.).
650. T-387-81 (Gosselin) Judgement Of The Federal Court; CUB 6549A (Desrosiers) Umpire Decision; CUB 7010 (Chan) Umpire Decision; Granger v. CEIC, [1989] 1 S.C.R. 141. Judgement Of The Federal Court
651. A-121-99 Judgement Of The Federal Court ( S. 108 of the Customs Act) appeal from the Trial Division. Customs Act

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