Date: 20030408
Docket: A-148-02
Neutral citation: 2003 FCA 181
CORAM: STONE J.A.
NOËL J.A.
SEXTON J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
- and -
RICARDO BENITEZ
Respondent
Heard at Toronto, Ontario, Monday, April 7, 2003.
Judgment delivered from the Bench at Toronto, Ontario,
on Monday, April 7, 2003.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20030408
Docket: A-148-02
Neutral citation: 2003 FCA 181
CORAM: STONE J.A.
NOËL J.A.
SEXTON J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
- and -
RICARDO BENITEZ
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario,
on Monday, April 7, 2003.)
NOËL J.A.
[1] We agree with the Respondent that this case can be distinguished from the decision of this Court in Canada (A.G.) v. Gauley 2002 F.C.A. 219 by virtue of the invocation of new facts before the Umpire. Section 120 which was not in issue in Gauley allowed the Umpire to rescind the decision of the Board of Referees in such circumstances, which must include the power to rescind the penalty.
[2] Accordingly, the application for Judicial review will be dismissed. I would make no award as to costs as none were sought.
"Marc Noël"
J.A.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Names of Counsel and Solicitors of Record
DOCKET: A-148-02
STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA
Applicant
- and -
RICARDO BENITEZ
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: MONDAY, APRIL 7, 2003
REASONS FOR JUDGMENT
OF THE COURT BY: NOËL JA
DATED: TUESDAY, APRIL 8, 2003
DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON APRIL 7, 2003.
APPEARANCES BY: Mr. Derek Edwards
For the Applicant
Mr. Ronald Poulton
For the Respondent
SOLICITORS OF RECORD: Morris Rosenberg
The Deputy Attorney General of Canada
For the Applicant
Mr. Ronald Poulton
2141 Jane Street, 2nd floor
Toronto, Ontario
M3M 1A2
For the Respondent
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