Palmer v. Canada (Attorney General)
The Umpire breached the duty of fairness by referring the matters back to the Board of Referees for redetermination without giving the applicants an opportunity to be heard; accordingly the Umpire's decision is set aside and the matters are remitted to the Chief Umpire or delegate for redetermination in accordance...
Source-derived case information.
- Citation
- 2010 FCA 5
- Parties
- Applicant: Ronald Palmer; Applicant: Wesley Kreider; Applicant: Robert King; Respondent: The Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 11 January 2010
- Procedural Posture
- Judicial Review / Judgment (application Allowed)
- Outcome
- Application for judicial review allowed with costs; decision of the Umpire set aside; matter remitted to the Chief Umpire or delegate for redetermination in accordance with natural justice.
- Legal Topics
- Natural Justice, Duty to Be Heard, Procedural Fairness, Remittal to Tribunal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ronald Palmer
Applicant
Wesley Kreider
Applicant
Robert King
Applicant
The Attorney General of Canada
Respondent
Procedural Posture
Judicial Review / Judgment (application Allowed)
Legal Issues
- 1 Whether the Umpire breached the duty of fairness by effectively setting aside the Board of Referees' decisions when he referred the matters back without giving the applicants an opportunity to be heard
- 2 Whether the appropriate remedy is to set aside the Umpire's decision and remit the matters to the Chief Umpire or delegate for redetermination in accordance with natural justice
Ratio Decidendi
The Umpire breached the duty of fairness by referring the matters back to the Board of Referees for redetermination without giving the applicants an opportunity to be heard; accordingly the Umpire's decision is set aside and the matters are remitted to the Chief Umpire or delegate for redetermination in accordance with the requirements of natural justice.
Court Disposition
Application for judicial review allowed with costs; decision of the Umpire set aside; matter remitted to the Chief Umpire or delegate for redetermination in accordance with natural justice.
Orders
- Application for judicial review allowed with costs
- Decision of the Umpire set aside
Full Case Text
Judgment text and source record
1 paragraphs
Palmer v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2010-01-11 Neutral citation 2010 FCA 5 File numbers A-72-09, A-73-09, A-74-09 Decision Content Date: 20100111 Docket: A-73-09 A-72-09 A-74-09 Citation: 2010 FCA 5 CORAM: BLAIS C.J. SHARLOW J.A. PELLETIER J.A. A-73-09 BETWEEN: RONALD PALMER Applicant and THE ATTORNEY GENERAL OF CANADA Respondent A-72-09 BETWEEN: WESLEY KREIDER Applicant and THE ATTORNEY GENERAL OF CANADA Respondent A-74-09 BETWEEN: ROBERT KING Applicant and THE ATTORNEY GENERAL OF CANADA Respondent Heard at Calgary, Alberta, on January11, 2010. Judgment delivered from the Bench at Calgary, Alberta, on January 11, 2010. REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A. Date: 20100111 Docket: A-73-09 Citation: 2010 FCA 5 CORAM: BLAIS C.J. SHARLOW J.A. PELLETIER J.A. A-73-09 BETWEEN: RONALD PALMER Applicant and THE ATTORNEY GENERAL OF CANADA Respondent A-72-09 BETWEEN: WESLEY KREIDER Applicant and THE ATTORNEY GENERAL OF CANADA Respondent A-74-09 BETWEEN: ROBERT KING Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Calgary, Alberta, on January 11, 2010) PELLETIER J.A. [1] We are all of the opinion that the Umpire breached the duty of fairness owed to the applicants when he effectively set aside the Board of Referees’ decisions when he referred the matter back to the Board of Referees for redetermination without giving the applicants the opportunity to be heard. [2] The application for judicial review should be allowed with costs. The decision of the Umpire should be set aside and the matter should be remitted to the Chief Umpire or his delegate for redetermination in accordance with the requirements of natural justice. “J.D. Denis Pelletier” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKETS: A-73-09 RONALD PALMER v. THE ATTORNEY GENERAL OF CANADA A-72-09 WESLEY KREIDER v. THE ATTORNEY GENERAL OF CANADA A-74-09 ROBERT KING v. THE ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Calgary, Alberta DATE OF HEARING: January 11, 2010 REASONS FOR JUDGMENT OF THE COURT BY: BLAIS C.J., SHARLOW, PELLETIER JJ.A. DELIVERED FROM THE BENCH BY: PELLETIER J.A. APPEARANCES: E. Wayne Benedict FOR THE APPLICANTS Margaret McCabe FOR THE RESPONDENT SOLICITORS OF RECORD: McGown Johnson FOR THE APPLICANTS Calgary, Alberta John H. Sims, Q.C. FOR THE RESPONDENT Deputy Attorney General of Canada