Lazowski v. Canada (Attorney General)
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Lazowski v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2004-10-05 Neutral citation 2004 FCA 328 File numbers A-156-04 Decision Content Date: 20041005 Docket: A-156-04 Citation: 2004 FCA 328 CORAM: RICHARD C.J. LÉTOURNEAU J.A. ROTHSTEIN J.A. BETWEEN: JAMES MIKE LAZOWSKI Applicant and THE ATTORNEY GENERAL OF CANADA Respondent Heard at Winnipeg, Manitoba, on September 30, 2004. Judgment delivered at Ottawa, Ontario, on October 5, 2004. REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A. CONCURRED IN BY: RICHARD C.J. ROTHSTEIN J.A. Date: 20041005 Docket: A-156-04 Citation: 2004 FCA 328 CORAM: RICHARD C.J. LÉTOURNEAU J.A. ROTHSTEIN J.A. BETWEEN: JAMES MIKE LAZOWSKI Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT LÉTOURNEAU J.A. [1] At the beginning of the hearing, the respondent made a motion to amend the style of cause so as to designate, as the respondent, the Attorney General of Canada, instead of the Office of the Umpire. The motion was granted and these reasons reflect the new style of cause. [2] I see no reason to interfere with the Umpire's decision which rejected the appellant's appeal against the decision of the Board of referees (Board). [3] In a well developed and articulated decision, the Board made unassailable findings of fact amply supported by documentary evidence against which the appellant's testimony and explanations were found not to be credible. As Richard C.J. wrote in Ducharme v. Attorney General of …
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Lazowski v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2004-10-05 Neutral citation 2004 FCA 328 File numbers A-156-04 Decision Content Date: 20041005 Docket: A-156-04 Citation: 2004 FCA 328 CORAM: RICHARD C.J. LÉTOURNEAU J.A. ROTHSTEIN J.A. BETWEEN: JAMES MIKE LAZOWSKI Applicant and THE ATTORNEY GENERAL OF CANADA Respondent Heard at Winnipeg, Manitoba, on September 30, 2004. Judgment delivered at Ottawa, Ontario, on October 5, 2004. REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A. CONCURRED IN BY: RICHARD C.J. ROTHSTEIN J.A. Date: 20041005 Docket: A-156-04 Citation: 2004 FCA 328 CORAM: RICHARD C.J. LÉTOURNEAU J.A. ROTHSTEIN J.A. BETWEEN: JAMES MIKE LAZOWSKI Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT LÉTOURNEAU J.A. [1] At the beginning of the hearing, the respondent made a motion to amend the style of cause so as to designate, as the respondent, the Attorney General of Canada, instead of the Office of the Umpire. The motion was granted and these reasons reflect the new style of cause. [2] I see no reason to interfere with the Umpire's decision which rejected the appellant's appeal against the decision of the Board of referees (Board). [3] In a well developed and articulated decision, the Board made unassailable findings of fact amply supported by documentary evidence against which the appellant's testimony and explanations were found not to be credible. As Richard C.J. wrote in Ducharme v. Attorney General of Canada, 2002 FCA 109, "the members of the board of referees had the advantage of hearing the claimant's testimony". The Board was in a better position to assess the claimant's credibility than the Umpire. Therefore, the Umpire properly refrained from intervening and substituting her own assessment of the claimant's credibility. [4] For these reasons, I would dismiss this application for judicial review with costs. "Gilles Létourneau" J.A. "I agree J. Richard C.J." "I agree Marshall Rothstein J.A." FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-156-04 STYLE OF CAUSE: JAMES MIKE LAZOWSKI v. THE ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Winnipeg, Manitoba DATE OF HEARING: September 30, 2004 REASONS FOR JUDGMENT : LÉTOURNEAU J.A. CONCURRED IN BY: RICHARD C.J. ROTHSTEIN J.A. DATED: October 5, 2004 APPEARANCES: Mr. James Mike Lazowski ON HIS OWN BEHALF Mr. Dan Misutka FOR THE RESPONDENT SOLICITORS OF RECORD: Mr. Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Edmonton, Alberta
Source: decisions.fca-caf.gc.ca