Date:
20100111
Docket: A-73-09
A-72-09
A-74-09
Citation: 2010 FCA 5
CORAM: BLAIS C.J.
SHARLOW J.A.
PELLETIER J.A.
A-73-09
BETWEEN:
RONALD
PALMER
Applicant
and
THE
ATTORNEY GENERAL OF CANADA
Respondent
A-72-09
BETWEEN:
WESLEY KREIDER
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
A-74-09
BETWEEN:
ROBERT KING
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Heard at Calgary, Alberta, on January11, 2010.
Judgment delivered from the Bench at Calgary, Alberta, on January
11, 2010.
REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER
J.A.
Date:
20100111
Docket:
A-73-09
Citation:
2010 FCA 5
CORAM: BLAIS
C.J.
SHARLOW
J.A.
PELLETIER
J.A.
A-73-09
BETWEEN:
RONALD PALMER
Applicant
and
THE ATTORNEY
GENERAL OF CANADA
Respondent
A-72-09
BETWEEN:
WESLEY KREIDER
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
A-74-09
BETWEEN:
ROBERT KING
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Calgary, Alberta, on January 11, 2010)
PELLETIER
J.A.
[1]
We
are all of the opinion that the Umpire breached the duty of fairness owed to
the applicants when he effectively set aside the Board of Referees’ decisions
when he referred the matter back to the Board of Referees for redetermination
without giving the applicants the opportunity to be heard.
[2]
The
application for judicial review should be allowed with costs. The decision of
the Umpire should be set aside and the matter should be remitted to the Chief
Umpire or his delegate for redetermination in accordance with the requirements
of natural justice.
“J.D. Denis Pelletier”
FEDERAL COURT
OF APPEAL
NAMES OF
COUNSEL AND SOLICITORS OF RECORD
DOCKETS: A-73-09
RONALD PALMER v. THE
ATTORNEY GENERAL OF CANADA
A-72-09
WESLEY KREIDER v. THE
ATTORNEY GENERAL OF CANADA
A-74-09
ROBERT KING v. THE
ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Calgary, Alberta
DATE OF HEARING: January 11,
2010
REASONS
FOR JUDGMENT OF THE COURT BY: BLAIS C.J., SHARLOW,
PELLETIER
JJ.A.
DELIVERED
FROM THE BENCH BY: PELLETIER J.A.
APPEARANCES:
E.
Wayne Benedict FOR
THE APPLICANTS
Margaret
McCabe FOR
THE RESPONDENT
SOLICITORS
OF RECORD:
McGown
Johnson FOR
THE APPLICANTS
Calgary,
Alberta
John
H. Sims, Q.C. FOR
THE RESPONDENT
Deputy
Attorney General of Canada
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