Abdul v. Canada (Attorney General)
Court headnote
Abdul v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2001-09-18 Neutral citation 2001 FCA 271 File numbers A-417-00 Decision Content Date: 20010918 Docket: A-417-00 Neutral citation: 2001 FCA 271 CORAM: LINDEN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: OMAR ABDUL Applicant - and - THE ATTORNEY GENERAL OF CANADA Respondent Heard at Toronto, Ontario, Tuesday, September 18, 2001 Judgment delivered from the Bench at Toronto, Ontario, on Tuesday, September 18, 2001 REASONS FOR JUDGMENT OF THE COURT BY: MALONE J.A. Date: 20010918 Docket: A-417-00 Neutral citation: 2001 FCA 271 CORAM: LINDEN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: OMAR ABDUL Applicant - and - THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Tuesday, September 18, 2001) MALONE J.A. [1] On the facts on this application for judicial review there is no basis upon which this Court can interfere with the decision rendered by Umpire Murdoch. In essence, the Applicant is seeking a rehearing under section 120 of the Employment Insurance Act with respect to an appeal dismissed as abandoned. [2] The Umpire weighed the evidence and heard submission from both parties. He found that the claimant had failed to prove the "new fact" that he had been ill on the date of the first hearing. This is clear where he writes that "the medical certificate... fails to provide any evidence as to why the claimant was unable, for medical…
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Abdul v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2001-09-18 Neutral citation 2001 FCA 271 File numbers A-417-00 Decision Content Date: 20010918 Docket: A-417-00 Neutral citation: 2001 FCA 271 CORAM: LINDEN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: OMAR ABDUL Applicant - and - THE ATTORNEY GENERAL OF CANADA Respondent Heard at Toronto, Ontario, Tuesday, September 18, 2001 Judgment delivered from the Bench at Toronto, Ontario, on Tuesday, September 18, 2001 REASONS FOR JUDGMENT OF THE COURT BY: MALONE J.A. Date: 20010918 Docket: A-417-00 Neutral citation: 2001 FCA 271 CORAM: LINDEN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: OMAR ABDUL Applicant - and - THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Tuesday, September 18, 2001) MALONE J.A. [1] On the facts on this application for judicial review there is no basis upon which this Court can interfere with the decision rendered by Umpire Murdoch. In essence, the Applicant is seeking a rehearing under section 120 of the Employment Insurance Act with respect to an appeal dismissed as abandoned. [2] The Umpire weighed the evidence and heard submission from both parties. He found that the claimant had failed to prove the "new fact" that he had been ill on the date of the first hearing. This is clear where he writes that "the medical certificate... fails to provide any evidence as to why the claimant was unable, for medical reasons, to attend the hearing on September 23...". When one analyses the certificate in issue here, it is clear that Umpire Murdoch is correct; the medical certificate gives no indication of what the problems were, or why the Applicant could not attend. It merely states "OFF... due to medical illness." Regardless of any "large and liberal" interpretation which we might apply to this note, we cannot derive details where none exist. [3] In reaching his decision, we cannot say that Umpire Murdoch was wrong in the exercise of his discretion, nor that he offended any principles of natural justice or procedural fairness. His decision, based on the record and the submissions of the parties, is not in error. [4] The application for judicial review will be dismissed. "B. Malone" J.A. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-417-00 STYLE OF CAUSE: OMAR ABDUL Applicant - and - ATTORNEY GENERAL OF CANADA Respondent DATE OF HEARING: TUESDAY, SEPTEMBER 18, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY: MALONE J.A. DATED: TUESDAY, SEPTEMBER 18, 2001 DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON TUESDAY, SEPTEMBER 18, 2001. APPEARANCES BY: Mr. Omar Abdul For the Applicant on his own behalf Ms. Janice Rodgers For the Respondent SOLICITORS OF RECORD: Omar Abdul 41 Cherry Hills Road Concord, Ontario L4K 1M2 For the Applicant Morris Rosenberg Deputy Attorney General For the Respondent FEDERAL COURT OF APPEAL Date: 20010918 Docket: A-417-00 BETWEEN: OMAR ABDUL Applicant - and - ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT
Source: decisions.fca-caf.gc.ca