Canada (Attorney General) v. Evans
Because the relevant statutory provisions were vague and the jurisprudence on the issue lacked clarity, the Court was not persuaded that the Umpire made any error warranting intervention; the application is dismissed.
Source-derived case information.
- Citation
- 2008 FCA 336
- Parties
- Applicant: THE ATTORNEY GENERAL OF CANADA; Respondent: HOLLY EVANS
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 29 October 2008
- Procedural Posture
- Judicial Review / Federal Court of Appeal Decision on Application for Judicial Review of Umpire Decision Under the Employment Insurance Act
- Outcome
- Application dismissed
- Legal Topics
- Judicial Review, Statutory Interpretation, Deference to Administrative Decision Makers, Vagueness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
THE ATTORNEY GENERAL OF CANADA
Applicant
HOLLY EVANS
Respondent
Procedural Posture
Judicial Review / Federal Court of Appeal Decision on Application for Judicial Review of Umpire Decision Under the Employment Insurance Act
Legal Issues
- 1 Whether the Umpire erred in law in interpreting and applying the Employment Insurance Act
- 2 Whether vagueness in the relevant legislative provisions and lack of clarity in the jurisprudence justify appellate intervention
Ratio Decidendi
Because the relevant statutory provisions were vague and the jurisprudence on the issue lacked clarity, the Court was not persuaded that the Umpire made any error warranting intervention; the application is dismissed.
Court Disposition
Application dismissed
Orders
- The application for judicial review is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Evans Court (s) Database Federal Court of Appeal Decisions Date 2008-10-29 Neutral citation 2008 FCA 336 File numbers A-350-07 Decision Content Date: 20081029 Docket: A-350-07 Citation: 2008 FCA 336 CORAM: LINDEN J.A. SEXTON J.A. BLAIS J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and HOLLY EVANS Respondent Heard at Halifax, Nova Scotia, on October 29, 2008. Judgment delivered from the Bench at Halifax, Nova Scotia, on October 29, 2008. REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A. Date: 20081029 Docket: A-350-07 Citation: 2008 FCA 336 CORAM: LINDEN J.A. SEXTON J.A. BLAIS J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and HOLLY EVANS Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Halifax, Nova Scotia, on October 29, 2008) LINDEN J.A. [1] Despite the excellent argument of counsel for the Crown, in light of the vagueness of the relevant legislative provisions and the lack of clarity in the jurisprudence on the issue, we have not been persuaded that the Umpire made any error that would warrant our intervention. This application will be dismissed. "A.M. Linden" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-350-07 APPLICATION FOR JUDICIAL REVIEW OF A DECISION OF THE UMPIRE RONALD C. STEVENSON, IN THE MATTER OF THE EMPLOYMENT INSURANCE ACT, S.C. 1996, c. 23, DATED JUNE 18, 2007. STYLE OF CAUSE: Attorney General of Canada v. HOLLY EVANS PLACE OF HEARING: Halifax, Nova Scotia DATE OF HEARING: October 29, 2008 REASONS FOR JUDGMENT OF THE COURT BY: LINDEN, SEXTON, BLAIS JJ.A. DELIVERED FROM THE BENCH BY: LINDEN J.A. APPEARANCES: Korinda MacLaine FOR THE APPLICANT Holly Evans FOR THE RESPONDENT SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE APPLICANT Self-represented FOR THE RESPONDENT