Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20101118 Docket: A-61-10 Citation: 2010 FCA 311 CORAM: BLAIS C.J. NOËL J.A. PELLETIER J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and HARVEY BOOTON Respondent Heard at Toronto, Ontario , on November 17, 2010 . Judgment delivered at Toronto, Ontario , on November 18, 2010. REASONS FOR JUDGMENT BY: NOËL J.A. CONCURRED IN BY: BLAIS C.J. PELLETIER J.A. Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20101118 Docket: A-61-10 Citation: 2010 FCA 311 CORAM: BLAIS C.J. NOËL J.A.

PELLETIER J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and HARVEY BOOTON Respondent REASONS FOR JUDGMENT NOËL J.A. [ 1 ] The application for Judicial Review must be allowed. The Umpire failed to give effect to paragraph 35(1)(

c) of the Employment Insurance Regulations which incorporates within the definition of employment the tenure of an office as defined in subsection 2(1) of the Canada Pension Plan, which in turn defines an office as meaning inter alia, the position of an individual entitling him to a fixed or ascertainable stipend or remuneration.

The Respondent comes squarely within this definition. [ 2 ] I would therefore allow the application for judicial review, set aside the decision of the Umpire and remit the matter to the Chief Umpire or his designate so that it may be decided again on the basis that the Respondent occupied an employment. Marc Noël J.A. I agree. Pierre Blais C.J. I agree. J.D. Denis Pelletier J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET: A-61-10 (AN APPLICATION FOR JUDICIAL REVIEW, FROM A DECISION OF THE HONOURABLE MADAM JUSTICE STEVENSON, SITTING AS UMPIRE (EI ACT), DECISION DATED JANUARY 11, 2010, AS CUB DECISION #73843.) STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA v. HARVEY BOOTON PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: NOVEMBER 17, 2010 REASONS FOR JUDGMENT BY: NOËL J.A. CONCURRED IN BY: BLAIS C.J. PELLETIER J . A. DATED: NOVEMBER 18, 2010 APPEARANCES : DAVID TORTELL FOR THE APPLICANT LORNE WALDMAN FOR THE RESPONDENT (ON HIS OWN BEHALF) SOLICITORS OF RECORD : MYLES J. KIRVAN DEPUTY ATTORNEY GENERAL OF CANADA TORONTO, ONTARIO FOR THE APPLICANT N/A FOR THE RESPONDENT