Canada (Attorney General) v. Myers
The application for judicial review was dismissed because the record disclosed conclusions by the Umpire that were reasonably open on the evidence, and therefore there was no basis to overturn the Umpire's decision.
Source-derived case information.
- Citation
- 2006 FCA 57
- Parties
- Applicant: The Attorney General of Canada; Respondent: Doreen Myers
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 9 February 2006
- Procedural Posture
- Judicial Review / Decision on Application for Judicial Review (appeal)
- Outcome
- Application for judicial review dismissed
- Legal Topics
- Judicial Review, Reasonableness, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Attorney General of Canada
Applicant
Doreen Myers
Respondent
Procedural Posture
Judicial Review / Decision on Application for Judicial Review (appeal)
Legal Issues
- 1 Whether the Umpire's conclusion was reasonably open on the evidence
- 2 Whether the application for judicial review should be granted
Ratio Decidendi
The application for judicial review was dismissed because the record disclosed conclusions by the Umpire that were reasonably open on the evidence, and therefore there was no basis to overturn the Umpire's decision.
Court Disposition
Application for judicial review dismissed
Orders
- Application dismissed
- Costs fixed at $400.00 in total
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Myers Court (s) Database Federal Court of Appeal Decisions Date 2006-02-09 Neutral citation 2006 FCA 57 File numbers A-298-05 Decision Content Date: 20060209 Docket: A-298-05 Citation: 2006 FCA 57 CORAM: ROTHSTEIN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and DOREEN MYERS Respondent Heard at Toronto, Ontario, on February 9, 2006. Judgment delivered from the Bench at Toronto, Ontario, on February 9, 2006. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20060209 Docket: A-298-05 Citation: 2006 FCA 57 CORAM: ROTHSTEIN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and DOREEN MYERS Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on February 9, 2006) SHARLOW J.A. [1] Despite the able submissions of counsel for the Attorney General, we are not persuaded that the record discloses any conclusion by the Umpire that was not reasonably open to him on the evidence. [2] This application for judicial review will be dismissed with costs that are fixed at $400.00 in total. "K. Sharlow" J.A. FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-298-05 STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA APPLICANT and DOREEN MYERS RESPONDENT PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: FEBRUARY 9, 2006 REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN, SHARLOW & MALONE J.A. DELIVERED FROM THE BENCH BY: SHARLOW J.A. DATED: FEBRUARY 9, 2006 APPEARANCES: Derek Edwards FOR THE APPLICANT Doreen Myers FOR THE RESPONDENT SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE APPLICANT Doreen Myers Stratford, Ontario FOR THE RESPONDENT