Date: 20040301
Docket: A-215-03
Citation: 2004 FCA 83
CORAM: ROTHSTEIN J.A.
PELLETIER J.A.
MALONE J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
and
JEFFREY WORDEN
Respondent
Heard at Toronto, Ontario, on March 1, 2004.
Judgment delivered from the Bench at Toronto, Ontario, on March 1, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A.
Date: 20040301
Docket: A-215-03
Citation: 2004 FCA 83
CORAM: ROTHSTEIN J.A.
PELLETIER J.A.
MALONE J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
and
JEFFREY WORDEN
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on March 1, 2004)
ROTHSTEIN J.A.
[1] Notwithstanding counsel's argument, we have not been persuaded that the Umpire's decision was unreasonable when she found that the findings of fact made by the Board of Referees were reasonably open to it and dismissed the appeal on that basis.
[2] This application for judicial review will be dismissed with costs as agreed of $8,500 inclusive of fees, disbursements and GST.
"Marshall Rothstein"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-215-03
STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA
Applicant
and
JEFFREY WORDEN
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: MARCH 1, 2004
REASONS FOR JUDGMENT
OF THE COURT: (ROTHSTEIN, PELLETIER & MALONE JJ.A)
DELIVERED FROM THE
BENCH BY: ROTHSTEIN J.A.
APPEARANCES:
Mr. Derek Edwards
FOR THE APPLICANT
Mr. Howard Goldblatt
Ms. Tamar Witelson
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada
Toronto, Ontario
FOR THE APPLICANT
Sack Goldblatt Mitchell
Toronto, Ontario
FOR THE RESPONDENT
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