Canada (Attorney General) v. Edmison
On the particular facts, the Court held that it could not conclude, on a standard of reasonableness, that the Umpire erred in refusing to interfere with the Board of Referees' finding that the respondent had shown good cause for delaying her application, and dismissed the application.
Source-derived case information.
- Citation
- 2008 FCA 28
- Parties
- Applicant: THE ATTORNEY GENERAL OF CANADA; Respondent: JENNIFER LYNNE EDMISON
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 23 January 2008
- Procedural Posture
- Judicial Review / Decision on Judicial Review Application (federal Court of Appeal)
- Outcome
- Application dismissed with costs.
- Legal Topics
- Good Cause for Delay, Standard of Review: Reasonableness, Judicial Review of Administrative Decisions, Board of Referees and Umpire Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
THE ATTORNEY GENERAL OF CANADA
Applicant
JENNIFER LYNNE EDMISON
Respondent
Procedural Posture
Judicial Review / Decision on Judicial Review Application (federal Court of Appeal)
Legal Issues
- 1 Whether the Umpire erred in refusing to interfere with the Board of Referees' finding that the respondent demonstrated good cause for delaying her application for benefits
- 2 Whether the Umpire's decision was reasonable under the applicable standard of review
Ratio Decidendi
On the particular facts, the Court held that it could not conclude, on a standard of reasonableness, that the Umpire erred in refusing to interfere with the Board of Referees' finding that the respondent had shown good cause for delaying her application, and dismissed the application.
Court Disposition
Application dismissed with costs.
Orders
- Judicial review application dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Edmison Court (s) Database Federal Court of Appeal Decisions Date 2008-01-23 Neutral citation 2008 FCA 28 File numbers A-132-07 Decision Content Date: 20080123 Docket: A-132-07 Citation: 2008 FCA 28 CORAM: DÉCARY J.A. NADON J.A. TRUDEL J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and JENNIFER LYNNE EDMISON Respondent Heard at Toronto, Ontario, on January 23, 2008. Judgment delivered from the Bench at Toronto, Ontario, on January 23, 2008. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20080123 Docket: A-132-07 Citation: 2008 FCA 28 CORAM: DÉCARY J.A. NADON J.A. TRUDEL J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and JENNIFER LYNNE EDMISON Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on January 23, 2008) [1] This is a borderline case. On the particulars facts of the case, we cannot conclude, on a standard of reasonableness, that the Umpire erred in refusing to interfere with the decision of the Board of Referees which found that the respondent had shown good cause for delaying her application for benefits. [2] Accordingly, the Attorney General’s judicial review application will be dismissed with costs. “M. Nadon” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-132-07 (AN APPLICATION FOR JUDICIAL REVIEW OF A DECISION OF THE HON. MR. JUSTICE HADDAD, AS UMPIRE, DATED JANUARY 16, 2007. EMPLYOMENT INSURANCE. FILE: CUB 67658) STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA Applicant and JENNIFER LYNNE EDMISON Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: JANUARY 23, 2008 REASONS FOR JUDGMENT OF THE COURT BY: (DÉCARY, NADON, TRUDEL J.J.A.) DELIVERED FROM THE BENCH BY: NADON J.A. APPEARANCES: Adam Rambert FOR THE APPELLANT/ APPLICANT Annie M.K. Finn FOR THE RESPONDENT SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada Toronto, Ontario FOR THE APPELLANT/ APPLICANT Fasken Martineau DuMoulin LLP Barristers and Solicitors Toronto, Ontario FOR THE RESPONDENT