Date: 20000314
Docket: A-111-98
BETWEEN:
HAMID REZA AJZACHI
Applicant
AND
CANADA EMPLOYMENT INSURANCE COMMISSION
Respondent
- and -
DEPUTY ATTORNEY GENERAL OF CANADA
Third party
Hearing held at Montréal on Tuesday, March 14, 2000
Judgment delivered at Montréal on Tuesday, March 14, 2000
REASONS FOR JUDGMENT BY: DÉCARY J.
Date: 20000314
Docket: A-111-98
CORAM: DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
HAMID REZA AJZACHI
Applicant
- AND -
CANADA EMPLOYMENT INSURANCE COMMISSION
Respondent
- and -
DEPUTY ATTORNEY GENERAL OF CANADA
Third party
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec,
on Tuesday, March 14, 2000)
DÉCARY J.A.
[1] We are of the view that this application for judicial review cannot succeed.
[2] Given that the board of referees" reasons for its decision were very brief and that the board disregarded a significant admission by the claimant, the umpire could and should have intervened.
Page: 2
[3] Furthermore, the allegation that there was a breach of the audi alteram partem rule is not expressed in terms that are clear enough for us to find that such a breach actually occurred.
[4] The application for judicial review will be dismissed.
Robert Décary
J.A..
Certified true translation
Peter Douglas
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20000314
Docket: A-111-98
Between:
HAMID REZA AJZACHI
Applicant
AND
CANADA EMPLOYMENT INSURANCE
COMMISSION
Respondent
- and -
DEPUTY ATTORNEY GENERAL
OF CANADA
Third party
REASONS FOR JUDGMENT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| STYLE OF CAUSE: HAMID REZA AJZACHI |
Applicant
AND
CANADA EMPLOYMENT INSURANCE
COMMISSION
Respondent
- and -
DEPUTY ATTORNEY GENERAL
OF CANADA
Third party
| PLACE OF HEARING: MONTRÉAL, QUEBEC |
| DATE OF HEARING: March 14, 2000 |
REASONS FOR JUDGMENT OF THE HONOURABLE MR. JUSTICE DÉCARY
APPEARANCES:
| Chantal Paillé for the applicant |
| Sylvie Martin for the respondent |
SOLICITORS OF RECORD:
| WENAAS, ST-PIERRE & ASSOCIÉS for the applicant |
Montréal, Quebec
| Morris Rosenberg for the respondent |
Deputy Attorney General of Canada
Ottawa, Ontario
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