Date: 20041005
Docket: A-135-03
Citation: 2004 FCA 330
CORAM: DÉCARY J.A.
NADON J.A.
MALONE J.A.
BETWEEN:
ARBUTUS 1HR VALET INC
Applicant
and
HER MAJESTY THE QUEEN
ATTORNEY GENERAL FOR CANADA
HUMAN RESOURCES DEVELOPMENT OF CANADA/
EMPLOYMENT INSURANCE COMMISSION
Respondents
Heard at Vancouver, British Columbia on October 4, 2004.
Judgment delivered at Vancouver, British Columbia on October 5, 2004.
REASONS FOR JUDGMENT BY: DÉCARY J.A.
CONCURRED IN BY: NADON, MALONE JJ.A.
Date: 20041005
Docket: A-135-03
Citation: 2004 FCA 330
CORAM: DÉCARY J.A.
NADON J.A.
MALONE J.A.
BETWEEN:
ARBUTUS 1HR VALET INC
Applicant
and
HER MAJESTY THE QUEEN
ATTORNEY GENERAL FOR CANADA
HUMAN RESOURCES DEVELOPMENT OF CANADA/
EMPLOYMENT INSURANCE COMMISSION
Respondents
REASONS FOR JUDGMENT
DÉCARY J.A.
[1] The Umpire upheld a Board of Referees decision upholding a determination by the Employment Insurance Commission that the applicant made false and misleading statements in relation to the unemployment of Moez Kassam contrary to section 33 of the Unemployment Insurance Act. A penalty in the amount of $7,434 has also been imposed.
[2] This application for judicial review ought to be dismissed. The Board made findings of fact and credibility of evidence with which the Umpire had no reason to interfere.
[3] The allegation to the effect that the hearing together by one umpire of the four related appeals was a breach of natural justice has no merit whatsoever. In any event, the matter was not properly before the Umpire as the order with respect to the joint hearing had earlier been made by another umpire and had not been appealed.
[4] The arguments made by the applicant with respect to the failure to provide a tape was not raised before the Umpire and is not properly before the Court.
[5] Finally, the Umpire made no reviewable error in addressing the issue of delay.
[6] The application should be dismissed with costs, but since files A-134-03, A-135-03, A-136-03 and A-137-03 were heard together by the Court, there should be one set of costs only with respect to the hearing.
(Sgd.) "Robert Décary"
J.A.
"I agree" (Sgd.) "Marc Nadon"
J.A.
"I agree" (Sgd.) "B. Malone"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-135-03
STYLE OF CAUSE: Arbutus 1hr Valet Inc. v. Her Majesty the Queen et al
PLACE OF HEARING: Vancouver, B.C.
DATE OF HEARING: October 4, 2004
REASONS FOR JUDGMENT: DÉCARY, NADON, MALONE JJ.A.
APPEARANCES:
Ms. Maria Molloy FOR THE RESPONDENT
SOLICITORS OF RECORD:
Mr. Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General for Canada
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