Meziani v. Canada (Attorney General)
The umpire correctly concluded the alleged facts were not new; there was no reviewable error of law or fact, therefore the application for judicial review is dismissed.
Source-derived case information.
- Citation
- 2009 FCA 3
- Parties
- Applicant: Mustapha Meziani; Respondent: Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 13 January 2009
- Procedural Posture
- Judicial Review / Federal Court of Appeal Decision (application Dismissed)
- Outcome
- Application dismissed with costs
- Legal Topics
- New Evidence, Section 120 Employment Insurance Act, Umpire Decision, Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mustapha Meziani
Applicant
Attorney General of Canada
Respondent
Procedural Posture
Judicial Review / Federal Court of Appeal Decision (application Dismissed)
Legal Issues
- 1 Whether the facts relied on were new for the purpose of s.120 reconsideration
- 2 Whether the umpire committed a reviewable error of law or fact
Ratio Decidendi
The umpire correctly concluded the alleged facts were not new; there was no reviewable error of law or fact, therefore the application for judicial review is dismissed.
Court Disposition
Application dismissed with costs
Orders
- Application for judicial review dismissed
- Costs awarded to respondent
Full Case Text
Judgment text and source record
1 paragraphs
Meziani v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2009-01-13 Neutral citation 2009 FCA 3 File numbers A-192-08 Decision Content Date: 20090113 Docket: A-192-08 Citation: 2009 FCA 3 CORAM: DÉCARY J.A. NOËL J.A. BLAIS J.A. BETWEEN: MUSTAPHA MEZIANI Applicant and ATTORNEY GENERAL OF CANADA Respondent Hearing held at Montréal, Quebec, on January 13, 2009. Judgment delivered from the Bench at Montréal, Quebec, on January 13, 2009. REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A. Date: 20090113 Docket: A-192-08 Citation: 2009 FCA 3 CORAM: DÉCARY J.A. NOËL J.A. BLAIS J.A. BETWEEN: MUSTAPHA MEZIANI Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on January 13, 2009.) DÉCARY J.A. [1] The applicant cited the discovery of new facts to ask an umpire to reconsider a decision relating to him (section 120 of the Employment Insurance Act). [2] The Umpire concluded that the alleged facts were not new. There is no reviewable error of fact or law in that conclusion. [3] The application for judicial review will be dismissed with costs. “Robert Décary” J.A. Certified true translation Johanna Kratz FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-192-08 (APPLICATION FOR JUDICIAL REVIEW OF THE DECISION OF UMPIRE MAURICE E. LAGACÉ DATED NOVEMBER 21, 2007, FILE NO. CUB 65978C) STYLE OF CAUSE: MUSTAPHA MEZIANI v. ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: January 13, 2009 REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A. NOËL J.A. BLAIS J.A. DELIVERED FROM THE BENCH BY: DÉCARY J.A. APPEARANCES: Mustapha Meziani Montréal, Quebec FOR THE APPLICANT (for himself) Pauline Leroux FOR THE RESPONDENT SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT