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Date: 20040329
Docket: A-172-03
Citation: 2004 FCA 133
CORAM: STRAYER J.A.
BETWEEN:
LAWRENCE RAMLU
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Heard at Vancouver, British Columbia on March 29, 2004.
Judgment delivered from the Bench at Vancouver, British Columbia on March 29, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: STRAYER J.A. Date: 20040329
Docket: A-172-03
Citation: 2004 FCA 133
CORAM: STRAYER J.A.
BETWEEN:
LAWRENCE RAMLU
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver, British Columbia on March 29, 2004)
STRAYER J.A.
[1] We are all of the view that this application should be dismissed.
[2] The applicant has asked this Court to set aside a decision dated February 14, 2003 of an Umpire acting under the Employment Insurance Act. That decision was a refusal of the Umpire to reconsider his earlier decision dated August 9, 2001 in which he had dismissed an appeal from a decision of a Board of Referees in which the Board refused to overrule a decision by the Employment Commission refusing the applicant an extension of time to file an appeal against a Commission decision.
[3] The applicant had applied to the Umpire for a reconsideration under section 120 of the Employment Insurance Act. That section authorizes reconsideration by an Umpire of his decision if "new facts" are presented or if the original decision was made without knowledge of, or was based on an error as to, some material fact. The Umpire concluded that there were no "new facts" nor was there a mistake as to any material fact.
[4] Having regard to the decision of this Court in R. v. Chan (A-185-94) it was open to the Umpire to conclude that the alleged "fact" upon which the applicant relied was not "new" as the evidence on which he now relies should have been adduced by the applicant at the original hearing before the Board. The Umpire was also entitled to defer to the Board's finding that the applicant was not credible and he could therefore find as he did that no material "fact" had been established though the applicant's allegations that he had originally filed an appeal within the 30 day limit but that the Commission had lost any record of it.
[5] The application will therefore be dismissed with costs.
(Sgd.) "B.L. Strayer" J.A. FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-172-03
Application for Judicial Review of a decision of the Office of the Umpire dated March 5th, 2003 in file no. CUB 55121
STYLE OF CAUSE: Lawrence Ramlu v. AGC
PLACE OF HEARING: Vancouver, BC
DATE OF HEARING: March 29, 2004
REASONS FOR JUDGMENT OF THE COURT: Strayer, JA Noël, JA Sexton, JA
DELIVERED FROM THE BENCH BY: Strayer, JA
APPEARANCES:
SOLICITOR OF RECORD:
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