Federal Court of Appeal - Lainey v. Canada (Attorney General)

1. This is an application for judicial review of a decision of the Tax Court dated August 14, 2000 in which the Tax Court dismissed the applicant's appeal. The applicant claims to have ten insurable weeks of employment with Ryan Wood Producer Ltd. from October 18 to December 25, 1993 and that he therefore had a valid unemployment insurance claim.

2. The applicant did not appear in court to provide any first hand evidence to support his appeal before the Tax Court Judge even though the matter had been before the court on another occasion when an adjournment had been granted.

3. Before us the applicant sought to adduce new evidence but failed to provide any evidence to us that the new evidence which he wished to give could not have been adduced at trial by the exercise of due diligence or that the new evidence would have been conclusive on the issues in question.

4. Further the applicant has not demonstrated that the Tax Court Judge made any palpable or overriding error in his decision.

5. The application will therefore be dismissed without costs.

"J. EDGAR SEXTON"

J.A.

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET: A-622-00

STYLE OF CAUSE: ROBERT LAINEY v. ATTORNEY GENERAL OF

CANADA

PLACE OF HEARING: ST. JOHN'S

DATE OF HEARING: JUNE 28, 2002

REASONS FOR JUDGMENT BY SEXTON J.A.

DATED: JUNE 28, 2002

APPEARANCES:

ROBERT LAINEY FOR THE APPLICANT ON HIS OWN BEHALF

MARCEL PREVOST FOR THE RESPONDENT

SOLICITORS OF RECORD:

MORRIS ROSENBERG, FOR THE RESPONDENT