Date: 19980617
Docket: A-436-97
CORAM: STRAYER, J.A.
McDONALD, J.A.
HENRY, D.J.
BETWEEN:
JOHN PAUL SGRO
Applicant
- and -
THE ATTORNEY GENERAL OF CANADA
Respondent
HEARD at Toronto, Ontario, Tueday, June 16, 1998
JUDGMENT delivered from the Bench at Toronto, Ontario, June 16, 1998
REASONS FOR JUDGMENT BY: McDONALD, J.A.
Date: 19980617
Docket: A-436-97
CORAM: STRAYER, J.A.
McDONALD, J.A.
HENRY, D.J.
BETWEEN:
JOHN PAUL SGRO
Applicant
- and -
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario
on June 16, 1998)
McDONALD, J.A.
1 We are all of the view that the application for judicial review must be dismissed as the Umpire made no error that would warrant interference by this Court.
2 An Umpire should only interfere with a decision of a Board of Referees if the Board failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction; the Board erred in law; or the Board based its decision on an erroneous finding of fact made in a perverse or capricious manner or without regard to the material before it. The Umpire was correct not to interfere with the Board's decision that the applicant was employed and working a full work week pursuant to subsection 43(1) of the Unemployment Insurance Regulations. We also agree with the Umpire that there is no evidence to indicate that any members of the Board had a bias against the applicant. The fact that a Board member has been on a panel hearing a case involving a relative of the applicant and dealing with an entirely different matter does not constitute bias in law. The Umpire had no concrete evidence of bias before him other than the assertion of the applicant.
3 It is obvious to us that the Umpire was of the view that the Board of Referees had sufficient evidence before them to reach the conclusion that they did and the applicant was unable on the evidence that he gave or provided, to persuade them otherwise.
4 The application for judicial review is dismissed and the decision of the Umpire affirmed.
"F.J. McDonald"
J.A.
Names of Counsel and Solicitors of Record
DOCKET: A-436-97
STYLE OF CAUSE: JOHN PAUL SGRO
- and -
THE ATTORNEY GENERAL OF CANADA
DATE OF HEARING: JUNE 16, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: McDONALD, J.A.
Delivered from the Bench at Toronto, Ontario
on Tuesday, June 16, 1998
APPEARANCES:
Mr. John Paul Sgro
For the Applicant
Ms. Janice Rogers
For the Respondent
SOLICITORS OF RECORD:
John Paul Sgro
76 Carberry Crescent
Brampton, Ontario
L6V 2E9
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF APPEAL
Date: 199806017
Docket: A-436-97
BETWEEN:
JOHN PAUL SGRO
Applicant
-and-
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
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