Arbutus 1Hr Valet Inc. v. Canada
The application was dismissed because the Umpire properly deferred to the Board of Referees' factual and credibility findings and there was no reviewable error; the joint hearing allegation was without merit and not properly before the Umpire; the tape complaint was not raised below and therefore not before the...
Source-derived case information.
- Citation
- 2004 FCA 330
- Parties
- Applicant: Arbutus 1Hr Valet Inc.; Respondent: Her Majesty the Queen; Attorney General for Canada; Human Resources Development of Canada/Employment Insurance Commission
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 5 October 2004
- Procedural Posture
- Judicial Review / Appeal to the Federal Court of Appeal; Judgment on Judicial Review Application
- Outcome
- Application dismissed with costs; Umpire's decision affirmed
- Legal Topics
- False and Misleading Statements, Penalty Under Unemployment Insurance Statute, Credibility and Findings of Fact, Joint Hearing Procedure, Disclosure of Hearing Tape, Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Arbutus 1Hr Valet Inc.
Applicant
Her Majesty the Queen; Attorney General for Canada; Human Resources Development of Canada/Employment Insurance Commission
Respondent
Procedural Posture
Judicial Review / Appeal to the Federal Court of Appeal; Judgment on Judicial Review Application
Legal Issues
- 1 Whether the Umpire erred in upholding the Board of Referees' findings that the applicant made false and misleading statements contrary to section 33 of the Unemployment Insurance Act
- 2 Whether holding a joint hearing of four related appeals by one umpire breached natural justice
- 3 Whether failure to provide a tape of the hearing constituted a procedural unfairness
Ratio Decidendi
The application was dismissed because the Umpire properly deferred to the Board of Referees' factual and credibility findings and there was no reviewable error; the joint hearing allegation was without merit and not properly before the Umpire; the tape complaint was not raised below and therefore not before the Court; and the Umpire correctly dealt with delay issues.
Court Disposition
Application dismissed with costs; Umpire's decision affirmed
Orders
- Application for judicial review dismissed with costs
- Umpire's decision upholding the Board of Referees and the penalty of $7,434 affirmed
Full Case Text
Judgment text and source record
1 paragraphs
Arbutus 1Hr Valet Inc. v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2004-10-05 Neutral citation 2004 FCA 330 File numbers A-135-03 Decision Content Date: 20041005 Docket: A-135-03 Citation: 2004 FCA 330 CORAM: DÉCARY J.A. NADON J.A. MALONE J.A. BETWEEN: ARBUTUS 1HR VALET INC Applicant and HER MAJESTY THE QUEEN ATTORNEY GENERAL FOR CANADA HUMAN RESOURCES DEVELOPMENT OF CANADA/ EMPLOYMENT INSURANCE COMMISSION Respondents Heard at Vancouver, British Columbia on October 4, 2004. Judgment delivered at Vancouver, British Columbia on October 5, 2004. REASONS FOR JUDGMENT BY: DÉCARY J.A. CONCURRED IN BY: NADON, MALONE JJ.A. Date: 20041005 Docket: A-135-03 Citation: 2004 FCA 330 CORAM: DÉCARY J.A. NADON J.A. MALONE J.A. BETWEEN: ARBUTUS 1HR VALET INC Applicant and HER MAJESTY THE QUEEN ATTORNEY GENERAL FOR CANADA HUMAN RESOURCES DEVELOPMENT OF CANADA/ EMPLOYMENT INSURANCE COMMISSION Respondents REASONS FOR JUDGMENT DÉCARY J.A. [1] The Umpire upheld a Board of Referees decision upholding a determination by the Employment Insurance Commission that the applicant made false and misleading statements in relation to the unemployment of Moez Kassam contrary to section 33 of the Unemployment Insurance Act. A penalty in the amount of $7,434 has also been imposed. [2] This application for judicial review ought to be dismissed. The Board made findings of fact and credibility of evidence with which the Umpire had no reason to interfere. [3] The allegation to the effect that the hearing together by one umpire of the four related appeals was a breach of natural justice has no merit whatsoever. In any event, the matter was not properly before the Umpire as the order with respect to the joint hearing had earlier been made by another umpire and had not been appealed. [4] The arguments made by the applicant with respect to the failure to provide a tape was not raised before the Umpire and is not properly before the Court. [5] Finally, the Umpire made no reviewable error in addressing the issue of delay. [6] The application should be dismissed with costs, but since files A-134-03, A-135-03, A-136-03 and A-137-03 were heard together by the Court, there should be one set of costs only with respect to the hearing. (Sgd.) "Robert Décary" J.A. "I agree" (Sgd.) "Marc Nadon" J.A. "I agree" (Sgd.) "B. Malone" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-135-03 STYLE OF CAUSE: Arbutus 1hr Valet Inc. v. Her Majesty the Queen et al PLACE OF HEARING: Vancouver, B.C. DATE OF HEARING: October 4, 2004 REASONS FOR JUDGMENT: DÉCARY, NADON, MALONE JJ.A. APPEARANCES: Ms. Maria Molloy FOR THE RESPONDENT SOLICITORS OF RECORD: Mr. Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General for Canada