Tryggvason v. Canada (Attorney General)
The applicant is bound by the positions her lawyer took before the Umpire and the Court found no reviewable error in the Umpire's decision on the case as presented, therefore the judicial review application must be dismissed.
Source-derived case information.
- Citation
- 2003 FCA 18
- Parties
- Applicant: Karin Tryggvason; Respondent: Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 16 January 2003
- Procedural Posture
- Judicial Review / Appeal to Federal Court of Appeal From Umpire Decision
- Outcome
- Application for judicial review dismissed
- Legal Topics
- Scope of Review, Binding Effect of Counsel's Positions, Factual Findings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Karin Tryggvason
Applicant
Attorney General of Canada
Respondent
Procedural Posture
Judicial Review / Appeal to Federal Court of Appeal From Umpire Decision
Legal Issues
- 1 Whether the court should reconsider factual issues not raised before the Umpire
- 2 Whether the applicant is bound by positions taken by her lawyer in prior proceedings
- 3 Whether the Umpire's decision contained a reviewable error
Ratio Decidendi
The applicant is bound by the positions her lawyer took before the Umpire and the Court found no reviewable error in the Umpire's decision on the case as presented, therefore the judicial review application must be dismissed.
Court Disposition
Application for judicial review dismissed
Orders
- Application for judicial review dismissed
- No costs
Full Case Text
Judgment text and source record
1 paragraphs
Tryggvason v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2003-01-16 Neutral citation 2003 FCA 18 File numbers A-594-01 Decision Content Date: 20030116 Docket: A-594-01 Neutral citation: 2003 FCA 18 CORAM: STRAYER J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: KARIN TRYGGVASON Applicant and THE ATTORNEY GENERAL OF CANADA Respondent Heard at Vancouver, British Columbia on January 16, 2003. Judgment delivered from the Bench at Vancouver, British Columbia on January 16, 2003. REASONS FOR JUDGMENT OF THE COURT BY: STRAYER J.A. Date: 20030116 Docket: A-594-01 Neutral citation: 2003 FCA 18 CORAM: STRAYER J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: KARIN TRYGGVASON Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT (Delivered from the Bench at Vancouver, British Columbia on January 16, 2003) STRAYER J.A. [1] We have considered carefully the written and oral submissions of the applicant. Essentially she wishes to have this Court reconsider factual issues which her lawyer declined to raise before the Umpire . Contrary to her submissions, she is bound by the positions taken by her lawyer in those proceedings. We can find no reviewable error in the decision of the Umpire on the case as presented to him and we therefore cannot set aside his decision. [2] The application for judicial review will be dismissed. In the circumstances there will be no costs. (Sgd.) "B.L. Strayer" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-594-01 STYLE OF CAUSE: Karin Tryggvason V. AGC PLACE OF HEARING: Vancouver, B.C. DATE OF HEARING: January 16, 2003 REASONS FOR Judgment : STRAYER J.A. CONCURRED IN BY: DATED: January 16, 2003 APPEARANCES: Karin Tryggvason (On her own behalf) FOR THE APPLICANT Edward Burnet FOR THE RESPONDENT SOLICITORS OF RECORD: Karin Tryggvason FOR THE APPLICANT Morris Rosenberg FOR THE RESPONDENT Department of Justice Vancouver Regional Office