Docket:
A-113-12
Citation: 2013
FCA 230
CORAM:
BLAIS C.J.
DAWSON J.A.
O’REILLY J.A. (ex
officio)
|
BETWEEN:
|
|
TONY OYENUGA
|
|
Applicant
|
|
and
|
|
ATTORNEY GENERAL OF CANADA
|
|
Respondent
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Heard at Edmonton, Alberta, on September 30, 2013.
Judgment delivered from the Bench at Edmonton, Alberta, on September
30, 2013.
REASONS FOR JUDGMENT OF THE COURT BY: DAWSON J.A.
Docket:
A-113-12
Citation:
2013 FCA 230
CORAM:
BLAIS
C.J.
DAWSON J.A.
O’REILLY
J.A. (ex officio)
|
BETWEEN:
|
|
TONY OYENUGA
|
|
Applicant
|
|
and
|
|
ATTORNEY GENERAL OF CANADA
|
|
Respondent
|
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the
Bench at Edmonton, Alberta, on September 30, 2013)
DAWSON J.A.
[1]
This is an application for judicial review of a
decision of the Chief Umpire (CUB 78761). The Chief Umpire dismissed a request
made by Mr. Oyenuga, the applicant, for an extension of time to appeal from a
decision of the Board of Referees. In the view of the Chief Umpire, there were
no special circumstances to warrant an extension of the appeal period and so
the appeal was dismissed on the basis that it had been brought out of time.
[2]
In his written materials and oral submissions
the applicant raised errors he said were made by the Board of Referees.
However, on this application the applicant is required to show a reviewable
error on the part of the Chief Umpire. To do so he must show that the Chief
Umpire improperly exercised his discretion to deny the extension of time. An
improper exercise of discretion occurs when an Umpire gives insufficient weight
to relevant factors, proceeds on a wrong principle of law, erroneously misapprehends
the facts, or where an obvious injustice would result (Apotex v. Canada (Governor in Council) 2007 FCA 374, 370 N.R. 336, at paragraph 15).
[3]
Because the applicant has not asserted any error
on the part of the Chief Umpire, this application will be dismissed.
[4]
In the circumstances no costs are awarded.
"Eleanor R. Dawson"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Docket:
A-113-12
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STYLE OF CAUSE:
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TONY OYENUGA
v. ATTORNEY GENERAL OF CANADA
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PLACE OF HEARING:
Edmonton, Alberta
DATE OF HEARING:
September
30, 2013
REASONS FOR JUDGMENT OF THE COURT BY:
BLAIS C.J.
DAWSON J.A.
O’REILLY J.A. (ex officio)
DELIVERED
FROM THE BENCH BY:
DAWSON J.A.
APPEARANCES:
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Tony Oyenuga
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Applicant
(ON HIS OWN BEHALF)
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Mary Softley
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For The Respondent
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SOLICITORS OF RECORD:
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William F. Pentney
Deputy Attorney General of Canada
Edmonton, Alberta
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For The Respondent
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