Dacko v. Canada (Attorney General)
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Dacko v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2013-06-10 Neutral citation 2013 FCA 152 Decision Content Date: 20130610 Docket: A-434-12 Citation: 2013 FCA 152 CORAM: PELLETIER J.A. TRUDEL J.A. MAINVILLE J.A. BETWEEN: IVAN DACKO Applicant and ATTORNEY GENERAL OF CANADA Respondent Heard at Edmonton, Alberta, on June 10, 2013. Judgment delivered from the Bench at Edmonton, Alberta, on June 10, 2013. REASONS FOR JUDGMENT OF THE COURT BY: TRUDEL J.A. Date: 20130610 Docket: A-434-12 Citation: 2013 FCA 152 CORAM: PELLETIER J.A. TRUDEL J.A. MAINVILLE J.A. BETWEEN: IVAN DACKO Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Edmonton, Alberta, on June 10, 2013) TRUDEL J.A. [1] The respondent concedes that the Umpire made a reviewable error in failing to address the evidence and additional information submitted by the applicant in a letter dated April 2, 2012. We agree with this submission and are all of the view that this matter should be sent back for redetermination. [2] As a result, the application for judicial review will be allowed without costs, the decision of the Umpire will be set aside and the matter will be returned to the Umpire-in-Chief or his designate to be determined again taking into consideration the parties’ evidence and submissions, including the applicant’s letter dated April 2, 2012 and its attachments. "Johanne Trudel" J.A. FEDERAL COURT OF APPEAL NAME…
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Mirrored from decisions.fca-caf.gc.ca — the linked original is authoritative.
Dacko v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2013-06-10 Neutral citation 2013 FCA 152 Decision Content Date: 20130610 Docket: A-434-12 Citation: 2013 FCA 152 CORAM: PELLETIER J.A. TRUDEL J.A. MAINVILLE J.A. BETWEEN: IVAN DACKO Applicant and ATTORNEY GENERAL OF CANADA Respondent Heard at Edmonton, Alberta, on June 10, 2013. Judgment delivered from the Bench at Edmonton, Alberta, on June 10, 2013. REASONS FOR JUDGMENT OF THE COURT BY: TRUDEL J.A. Date: 20130610 Docket: A-434-12 Citation: 2013 FCA 152 CORAM: PELLETIER J.A. TRUDEL J.A. MAINVILLE J.A. BETWEEN: IVAN DACKO Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Edmonton, Alberta, on June 10, 2013) TRUDEL J.A. [1] The respondent concedes that the Umpire made a reviewable error in failing to address the evidence and additional information submitted by the applicant in a letter dated April 2, 2012. We agree with this submission and are all of the view that this matter should be sent back for redetermination. [2] As a result, the application for judicial review will be allowed without costs, the decision of the Umpire will be set aside and the matter will be returned to the Umpire-in-Chief or his designate to be determined again taking into consideration the parties’ evidence and submissions, including the applicant’s letter dated April 2, 2012 and its attachments. "Johanne Trudel" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-434-12 STYLE OF CAUSE: Ivan Dacko v. Attorney General of Canada PLACE OF HEARING: Edmonton, Alberta DATE OF HEARING: June 10, 2013 REASONS FOR JUDGMENT OF THE COURT BY: (PELLETIER, TRUDEL, MAINVILLE JJ.A.) DELIVERED FROM THE BENCH BY: TRUDEL J.A. APPEARANCES: Ivan Dacko FOR THE APPLICANT Mary Softely FOR THE RESPONDENT SOLICITORS OF RECORD: William F. Pentney Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca
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