Date: 20120124
Docket: A-251-11
Citation: 2012 FCA
24
CORAM: EVANS J.A.
SHARLOW J.A.
LAYDEN-STEVENSON J.A.
BETWEEN:
ATTORNEY
GENERAL OF CANADA
Applicant
and
FREDERICK
USMANI
Respondent
Heard at Toronto, Ontario, on January
23, 2012.
Judgment delivered at Toronto,
Ontario,
on January 24, 2012.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW
J.A.
CONCURRED
IN BY: EVANS
J.A.
LAYDEN-STEVENSON J.A.
Date: 20120124
Docket: A-251-11
Citation: 2012 FCA 24
CORAM: EVANS
J.A.
SHARLOW
J.A.
LAYDEN-STEVENSON
J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
FREDERICK USMANI
Respondent
REASONS FOR JUDGMENT
SHARLOW J.A.
[1]
An Umpire
has upheld a decision of the Board of Referees that Mr. Usmani’s claim for
benefits under the Employment Insurance Act, S.C. 1996, c. 23, should be
antedated pursuant to subsection 10(4) because he demonstrated just cause for the
delay in making his claim. The Crown seeks judicial review of the Umpire’s
decision. Given the unusual facts of this case, I cannot conclude the Umpire
made any error of law or fact warranting the intervention of this Court. For
that reason, I would dismiss this application.
[2]
Mr. Usmani
appeared at the hearing and was permitted to make oral submissions even though
he did not file a notice of appearance, a record or a memorandum of fact and
law. At the conclusion of his submissions he asked for costs, and also for an
order requiring the Crown to pay him certain other amounts as compensation for
damages that he says he and his family suffered because of the wrongful denial
of his claim for benefits.
[3]
In an
application for judicial review of an Umpire’s decision, this Court has no
authority to order compensation for damages resulting from a denial of
benefits. Mr. Usmani’s request for compensation must be denied for want of
jurisdiction.
[4]
This Court
may award costs in a proceeding in this Court on the basis of the tariff set
out in the Federal Courts Rules, and generally does award costs to the
successful party. However, as Mr. Usmani did not participate in this matter
except for oral submissions on the day of the hearing, I would award him no
costs.
“K. Sharlow”
“I agree
John
M. Evans J.A.”
“I agree
Carolyn
Layden-Stevenson J.A.”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-251-11
(AN
APPLICATION FOR JUDICIAL REVIEW OF THE DECISION OF THE HONOURABLE MR. JUSTICE
T.G. SENIUK, AS UMPIRE, DATED APRIL 29, 2011, DOCKET NO. CUB 76922).
STYLE OF CAUSE: ATTORNEY GENERAL OF
CANADA v. FREDERICK
USMANI
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: January 23, 2012
REASONS FOR JUDGMENT
OF THE COURT BY: SHARLOW J.A.
CONCURRED IN BY: EVANS J.A.
LAYDEN-STEVENSON J.A.
DATED: January 24, 2012
APPEARANCES:
|
Derek Edwards
|
FOR
THE APPLICANT
|
|
Frederick Usmani
|
FOR
THE RESPONDENT
(self-represented)
|
SOLICITORS
OF RECORD:
|
Myles J. Kirvan
Deputy
Attorney General of Canada
|
FOR THE APPLICANT
|
|
N/A
|
FOR THE RESPONDENT
(self-represented)
|
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