Canada (Attorney General) v. Worden
The Umpire's decision was not unreasonable because the Board of Referees' findings of fact were reasonably open to it, therefore the appeal was properly dismissed.
Source-derived case information.
- Citation
- 2004 FCA 83
- Parties
- Applicant: THE ATTORNEY GENERAL OF CANADA; Respondent: JEFFREY WORDEN
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 1 March 2004
- Procedural Posture
- Application for Judicial Review / Federal Court of Appeal Decision
- Outcome
- Application for judicial review dismissed
- Legal Topics
- Standard of Review, Reasonableness, Findings of Fact, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
THE ATTORNEY GENERAL OF CANADA
Applicant
JEFFREY WORDEN
Respondent
Procedural Posture
Application for Judicial Review / Federal Court of Appeal Decision
Legal Issues
- 1 Whether the Umpire's decision was unreasonable
- 2 Whether the Board of Referees' findings of fact were reasonably open to it
Ratio Decidendi
The Umpire's decision was not unreasonable because the Board of Referees' findings of fact were reasonably open to it, therefore the appeal was properly dismissed.
Court Disposition
Application for judicial review dismissed
Orders
- Application dismissed
- Costs to respondent as agreed in the amount of $8,500 inclusive of fees, disbursements and GST
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Worden Court (s) Database Federal Court of Appeal Decisions Date 2004-03-01 Neutral citation 2004 FCA 83 File numbers A-215-03 Decision Content Date: 20040301 Docket: A-215-03 Citation: 2004 FCA 83 CORAM: ROTHSTEIN J.A. PELLETIER J.A. MALONE J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and JEFFREY WORDEN Respondent Heard at Toronto, Ontario, on March 1, 2004. Judgment delivered from the Bench at Toronto, Ontario, on March 1, 2004. REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A. Date: 20040301 Docket: A-215-03 Citation: 2004 FCA 83 CORAM: ROTHSTEIN J.A. PELLETIER J.A. MALONE J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and JEFFREY WORDEN Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on March 1, 2004) ROTHSTEIN J.A. [1] Notwithstanding counsel's argument, we have not been persuaded that the Umpire's decision was unreasonable when she found that the findings of fact made by the Board of Referees were reasonably open to it and dismissed the appeal on that basis. [2] This application for judicial review will be dismissed with costs as agreed of $8,500 inclusive of fees, disbursements and GST. "Marshall Rothstein" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-215-03 STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA Applicant and JEFFREY WORDEN Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: MARCH 1, 2004 REASONS FOR JUDGMENT OF THE COURT: (ROTHSTEIN, PELLETIER & MALONE JJ.A) DELIVERED FROM THE BENCH BY: ROTHSTEIN J.A. APPEARANCES: Mr. Derek Edwards FOR THE APPLICANT Mr. Howard Goldblatt Ms. Tamar Witelson FOR THE RESPONDENT SOLICITORS OF RECORD: Morris Rosenberg Deputy Attorney General of Canada Toronto, Ontario FOR THE APPLICANT Sack Goldblatt Mitchell Toronto, Ontario FOR THE RESPONDENT