Biscaia v. Office Of The Umpire Employment Insruance Act Cub 76149 Bcpbank
The application for reconsideration of the costs orders is dismissed because there is no basis to transfer liability for those costs to the Employment Insurance Commission, which neither instituted the judicial review nor named the parties.
Source-derived case information.
- Citation
- 2007 FCA 257
- Parties
- Applicant: Ana Paula Biscaia; Respondent: Office of the Umpire Employment Insvruance Act CUB 76149 BCPBANK/David Bell, Solicitor
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 12 July 2007
- Procedural Posture
- Judicial Review of Umpire Decision Under Employment Insurance Scheme / Reconsideration of Costs Orders; Motion Dealt With in Writing
- Outcome
- Application for reconsideration dismissed.
- Legal Topics
- Reconsideration, Costs Orders, Liability for Costs, Procedural Disposition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ana Paula Biscaia
Applicant
Office of the Umpire Employment Insvruance Act CUB 76149 BCPBANK/David Bell, Solicitor
Respondent
Procedural Posture
Judicial Review of Umpire Decision Under Employment Insurance Scheme / Reconsideration of Costs Orders; Motion Dealt With in Writing
Legal Issues
- 1 Whether orders for costs previously made against the applicant should be reconsidered
- 2 Whether the Employment Insurance Commission can be ordered to bear the costs imposed on the applicant
Ratio Decidendi
The application for reconsideration of the costs orders is dismissed because there is no basis to transfer liability for those costs to the Employment Insurance Commission, which neither instituted the judicial review nor named the parties.
Court Disposition
Application for reconsideration dismissed.
Orders
- Application for reconsideration of costs dismissed.
- Costs orders previously made against the applicant are maintained.
Full Case Text
Judgment text and source record
1 paragraphs
Biscaia v. Office Of The Umpire Employment Insruance Act Cub 76149 Bcpbank Court (s) Database Federal Court of Appeal Decisions Date 2007-07-12 Neutral citation 2007 FCA 257 File numbers A-24-07 Decision Content Date: 20070712 Docket: A-24-07 Citation: 2007 FCA 257 Present: PELLETIER J.A. BETWEEN: ANA PAULA BISCAIA Applicant and OFFICE OF THE UMPIRE EMPLOYMENT INSRUANCE ACT CUB 76149 BCPBANK/DAVID BELL, Solicitor Respondents Dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on July 12, 2007. REASONS FOR ORDER BY: PELLETIER J.A. Date: 20070712 Docket: A-24-07 Citation: 2007 FCA 257 Present: PELLETIER J.A. BETWEEN: ANA PAULA BISCAIA Applicant and OFFICE OF THE UMPIRE EMPLOYMENT INSRUANCE ACT CUB 76149 BCPBANK/DAVID BELL, Solicitor Respondents REASONS FOR ORDER PELLETIER J.A. [1] The applicant seeks reconsideration of two orders of costs made against her. The orders in question were made in the course of disposing of motions brought by the applicant's former employer and its lawyer, as well as the Human Rights Commission and its representative, to be removed as respondents to this application for judicial review of the Umpire's decision dismissing her claim for benefits. [2] The applicant asks that the orders for costs made against her be borne by the Employment Insurance Commission. There is no basis for such an order. The Commission did not bring the application for judicial review; it did not name the parties to the application for judicial review. [3] The application for reconsideration is dismissed. "J.D. Denis Pelletier" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-24-07 STYLE OF CAUSE: ANA PAULA BISCAIA and OFFICE OF THE UMPIRE EMPLOYMENT INSRUANCE ACT CUB 76149 BCPBANK/DAVID BELL, Solicitor MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER BY: PELLETIER J.A. DATED: July 12, 2007 WRITTEN REPRESENTATIONS BY: Ana Paula Biscaia ON HER OWN BEHALF Susan Keenan FOR THE RESPONDENTS SOLICITORS OF RECORD: John H. Sims, Q.C. FOR THE RESPONDENTS Deputy Attorney-General of Canada Ottawa, Ontario