Date: 20041005
Docket: A-156-04
Citation: 2004 FCA 328
CORAM: RICHARD C.J.
LÉTOURNEAU J.A.
ROTHSTEIN J.A.
BETWEEN:
JAMES MIKE LAZOWSKI
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Heard at Winnipeg, Manitoba, on September 30, 2004.
Judgment delivered at Ottawa, Ontario, on October 5, 2004.
REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A.
CONCURRED IN BY: RICHARD C.J.
ROTHSTEIN J.A.
Date: 20041005
Docket: A-156-04
Citation: 2004 FCA 328
CORAM: RICHARD C.J.
LÉTOURNEAU J.A.
ROTHSTEIN J.A.
BETWEEN:
JAMES MIKE LAZOWSKI
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
LÉTOURNEAU J.A.
[1] At the beginning of the hearing, the respondent made a motion to amend the style of cause so as to designate, as the respondent, the Attorney General of Canada, instead of the Office of the Umpire. The motion was granted and these reasons reflect the new style of cause.
[2] I see no reason to interfere with the Umpire's decision which rejected the appellant's appeal against the decision of the Board of referees (Board).
[3] In a well developed and articulated decision, the Board made unassailable findings of fact amply supported by documentary evidence against which the appellant's testimony and explanations were found not to be credible. As Richard C.J. wrote in Ducharme v. Attorney General of Canada, 2002 FCA 109, "the members of the board of referees had the advantage of hearing the claimant's testimony". The Board was in a better position to assess the claimant's credibility than the Umpire. Therefore, the Umpire properly refrained from intervening and substituting her own assessment of the claimant's credibility.
[4] For these reasons, I would dismiss this application for judicial review with costs.
"Gilles Létourneau"
J.A.
"I agree
J. Richard C.J."
"I agree
Marshall Rothstein J.A."
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-156-04
STYLE OF CAUSE: JAMES MIKE LAZOWSKI v. THE ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Winnipeg, Manitoba
DATE OF HEARING: September 30, 2004
REASONS FOR JUDGMENT : LÉTOURNEAU J.A.
CONCURRED IN BY: RICHARD C.J.
ROTHSTEIN J.A.
DATED: October 5, 2004
APPEARANCES:
Mr. James Mike Lazowski ON HIS OWN BEHALF
Mr. Dan Misutka FOR THE RESPONDENT
SOLICITORS OF RECORD:
Mr. Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Edmonton, Alberta
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