CORAM: DENAULT, J.A.
LINDEN, J.A.
ROBERTSON,
J.A.
Between:
BORIS
MALITSKY
Applicant
-
and -
ATTORNEY
GENERAL
OF
CANADA
Respondent
Heard at Vancouver, BC on September 3,
1997
Reasons delivered from the Bench at
Vancouver, BC
on September 3, 1997
REASONS FOR JUDGMENT: LINDEN, J.A.
CORAM: THE HONOURABLE MR.
JUSTICE DENAULT
THE HONOURABLE
MR. JUSTICE LINDEN
THE HONOURABLE
MR. JUSTICE ROBERTSON
Between:
BORIS
MALITSKY
Applicant
-
and -
ATTORNEY
GENERAL
OF
CANADA
Respondent
REASONS
FOR JUDGMENT
(Delivered
from the Bench at
Vancouver, B.
C. on Wednesday, September 3, 1997)
LINDEN, J.A.
In our view, the Umpire
committed no reviewable error of fact or law. He properly applied the legal
test contained in Albrecht (1988), 60 N.R. 349 (F.C.A.) and implicitly Roberts,
[1985] 1 F.C. 710 (F.C.A.). In doing so, he affirmed the Board's conclusion
that the applicant failed to do that which a reasonable person in the
particular circumstances of this case would have done so as to amount to good
cause for the delay in filing the initial claim. We cannot interfere with this
essentially factual finding. Having failed to satisfy the burden under section
9, there is no right to ante-date the claim for benefits. The application
must, therefore, be dismissed.
(Sgd.)
"A.M. Linden"
J.A.
September 3, 1997
Vancouver, British
Columbia
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
STYLE OF CAUSE: BORIS
MALITSKY
-
and -
ATTORNEY
GENERAL OF CANADA
COURT NO.: A-205-96
PLACE OF HEARING: Vancouver,
BC
DATE OF HEARING: September
3, 1997
REASONS FOR JUDGMENT OF THE COURT
BY: LINDEN, J.A.
CONCURRED IN BY: DENAULT, J.A.
ROBERTSON,
J.A.
DATED: September
3, 1997
APPEARANCES:
Mr. Boris Malitsky for
Applicant
Ms. Brenda Carbonell for
Respondent
SOLICITORS OF RECORD:
George Thomson for
Respondent
Deputy Attorney General of
Canada
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