Date: 20010918
Docket: A-417-00
Neutral citation: 2001 FCA 271
CORAM: LINDEN J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
OMAR ABDUL
Applicant
- and -
THE ATTORNEY GENERAL OF CANADA
Respondent
Heard at Toronto, Ontario, Tuesday, September 18, 2001
Judgment delivered from the Bench at Toronto, Ontario,
on Tuesday, September 18, 2001
REASONS FOR JUDGMENT OF THE COURT BY: MALONE J.A.
Date: 20010918
Docket: A-417-00
Neutral citation: 2001 FCA 271
CORAM: LINDEN J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
OMAR ABDUL
Applicant
- and -
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Tuesday, September 18, 2001)
MALONE J.A.
[1] On the facts on this application for judicial review there is no basis upon which this Court can interfere with the decision rendered by Umpire Murdoch. In essence, the Applicant is seeking a rehearing under section 120 of the Employment Insurance Act with respect to an appeal dismissed as abandoned.
[2] The Umpire weighed the evidence and heard submission from both parties. He found that the claimant had failed to prove the "new fact" that he had been ill on the date of the first hearing. This is clear where he writes that "the medical certificate... fails to provide any evidence as to why the claimant was unable, for medical reasons, to attend the hearing on September 23...". When one analyses the certificate in issue here, it is clear that Umpire Murdoch is correct; the medical certificate gives no indication of what the problems were, or why the Applicant could not attend. It merely states "OFF... due to medical illness." Regardless of any "large and liberal" interpretation which we might apply to this note, we cannot derive details where none exist.
[3] In reaching his decision, we cannot say that Umpire Murdoch was wrong in the exercise of his discretion, nor that he offended any principles of natural justice or procedural fairness. His decision, based on the record and the submissions of the parties, is not in error.
[4] The application for judicial review will be dismissed.
"B. Malone"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-417-00
STYLE OF CAUSE: OMAR ABDUL
Applicant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
DATE OF HEARING: TUESDAY, SEPTEMBER 18, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: MALONE J.A.
DATED: TUESDAY, SEPTEMBER 18, 2001
DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON TUESDAY, SEPTEMBER 18, 2001.
APPEARANCES BY: Mr. Omar Abdul
For the Applicant on his own behalf
Ms. Janice Rodgers
For the Respondent
SOLICITORS OF RECORD: Omar Abdul
41 Cherry Hills Road
Concord, Ontario
L4K 1M2
For the Applicant
Morris Rosenberg
Deputy Attorney General
For the Respondent
FEDERAL COURT OF APPEAL
Date: 20010918
Docket: A-417-00
BETWEEN:
OMAR ABDUL
Applicant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
OF THE COURT
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