Date: 20040330
Docket: A-397-03
Citation: 2004 FCA 134
CORAM: DÉCARY J.A.
EVANS J.A.
PELLETIER J.A.
BETWEEN:
ADRIAN BODEA
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Heard at Toronto, Ontario, on March 29th, 2004
Judgment delivered from the Bench at Toronto, Ontario on March 29th, 2004
REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A.
Date: 20040330
Docket: A-397-03
Citation: 2004 FCA 134
CORAM: DÉCARY J.A.
EVANS J.A.
PELLETIER J.A.
BETWEEN:
ADRIAN BODEA
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario, on March 29, 2004)
PELLETIER J.A.
[1] The applicant seeks to have this court set aside the decision of the Umpire dismissing his appeal from the decision of the Board of Referees. The Board dismissed the applicant's appeal from the Commission's refusal to antedate his claim.
[2] The issue before the Board of Referees was whether the applicant had shown good cause for the delay in filing his claim. On the basis of the evidence before it, the Board of Referees found that the applicant had not established good cause.
[3] In proceedings before the Umpire, the applicant sought to set the Board's decision aside, and bolster his own credibility, by discrediting the representations of the Commission's representative.
[4] The applicant has misunderstood the power of the Umpire and of this Court to interfere with findings of fact by the Board of Referees. It is not the function of the Umpire, or of this Court, to decide if the Board of Referees has made an error of fact, unless the applicant establishes that the Board made its decision without regard to the material before it. If there was evidence before the Board upon which it could come to the conclusion which it did, neither the Umpire nor this Court can intervene.
[5] It follows from this that the evidence gathered by the applicant after the decision of the Board of Referees' decision had been rendered is of no assistance to him.
[6] For those reasons, the application for judicial review must be dismissed.
"J. D. Denis Pelletier"
J.A.
FEDERAL COURT
Names of Counsel and Solicitors of Record
DOCKET: A-397-03
STYLE OF CAUSE: ADRIAN BODEA Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: MARCH 29, 2004
REASONS FOR JUDGMENT
OF THE COURT: (DECARY, EVANS, PELLETIER JJ.A.)
DELIVERED FROM THE
BENCH BY: PELLETIER J.A.
APPEARANCES BY:
Adrian Bodea For the Applicant
Sharon McGovern For the Respondent
SOLICITORS OF RECORD:
Adrian Bodea
Newmarket, Ontario For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada For the Respondent
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