Date: 20000629
Docket: A-20-99
EDMONTON, ALBERTA, THURSDAY, THE 29TH DAY OF JUNE, 2000.
CORAM: ROBERTSON, J.A.
McDONALD, J.A.
SEXTON, J.A.
BETWEEN:
Applicant
| THE ATTORNEY GENERAL OF CANADA |
Respondent
Heard at Edmonton, Alberta, on Thursday, June 29, 2000
Judgment delivered from the Bench at Edmonton, Alberta, on Thursday, June 29, 2000
REASONS OF THE COURT BY: ROBERTSON J.A.
Date: 20000629
Docket: A-20-99
CORAM: ROBERTSON, J.A.
McDONALD, J.A.
SEXTON, J.A.
BETWEEN:
Applicant
| THE ATTORNEY GENERAL OF CANADA |
Respondent
REASONS FOR JUDGMENT
ROBERTSON, J.A.:
[1] We are all of the view that the learned Umpire did not err in dismissing the applicant's appeal from the decision of the Board of Referees. Specifically, we can find no basis on which to interfere with the finding that the applicant's employment in the vending and delivery businesses could not be characterized as "minor in extent". It follows that the applicant made false statements for which a penalty was properly imposed. As to the amount of the penalty, there is no legal basis upon which to interfere with the Commission's decision, as found by the Umpire. For these reasons, the application must be dismissed with costs.
"J.T. Robertson"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-20-99
STYLE OF CAUSE:
MELVIN K. FARLEY
- and -
THE ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Edmonton, Alberta
DATE OF HEARING: June 29, 2000
REASONS FOR JUDGMENT BY: Robertson, J.A.
DATED: June 29, 2000
APPEARANCES:
Mr. Russell R. Wilkinson FOR THE APPLICANT
Ms. Julia S. Parker FOR THE RESPONDENT
SOLICITORS OF RECORD:
Mr. Russell R. Wilkinson
FOR THE APPLICANT
Morris A. Rosenberg
Deputy Attorney General of Canada
Department of Justice
Edmonton, Alberta FOR THE RESPONDENT
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