Date: 20130610
Docket:
A-434-12
Citation:
2013 FCA 152
CORAM: PELLETIER J.A.
TRUDEL J.A.
MAINVILLE J.A.
BETWEEN:
IVAN
DACKO
Applicant
and
ATTORNEY
GENERAL OF CANADA
Respondent
Heard
at Edmonton, Alberta, on June
10, 2013.
Judgment delivered from the Bench at Edmonton, Alberta, on June
10, 2013.
REASONS FOR JUDGMENT OF THE COURT
BY: TRUDEL J.A.
Date:
20130610
Docket:
A-434-12
Citation:
2013 FCA 152
CORAM: PELLETIER
J.A.
TRUDEL
J.A.
MAINVILLE
J.A.
BETWEEN:
IVAN
DACKO
Applicant
and
ATTORNEY
GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
OF THE COURT
(Delivered
from the Bench at Edmonton, Alberta, on June 10, 2013)
TRUDEL
J.A.
[1]
The
respondent concedes that the Umpire made a reviewable error in failing to
address the evidence and additional information submitted by the applicant in a
letter dated April 2, 2012. We agree with this submission and are all of the
view that this matter should be sent back for redetermination.
[2]
As
a result, the application for judicial review will be allowed without costs,
the decision of the Umpire will be set aside and the matter will be returned to
the Umpire-in-Chief or his designate to be determined again taking into
consideration the parties’ evidence and submissions, including the applicant’s
letter dated April 2, 2012 and its attachments.
"Johanne Trudel"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-434-12
STYLE OF CAUSE: Ivan
Dacko v.
Attorney General of Canada
PLACE OF HEARING: Edmonton, Alberta
DATE OF HEARING: June 10, 2013
REASONS FOR JUDGMENT OF THE COURT BY: (PELLETIER, TRUDEL, MAINVILLE JJ.A.)
DELIVERED FROM THE BENCH BY: TRUDEL J.A.
APPEARANCES:
|
Ivan Dacko
|
FOR THE APPLICANT
|
|
Mary Softely
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
|
|
|
William F.
Pentney
Deputy Attorney General of Canada
|
FOR THE
RESPONDENT
|
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